Glenn Def. Marine (Asia) PTE, Ltd. v. United States, No. 12-5125 (Fed. Cir. 2013)Annotate this Case
The Navy solicited bids for maritime husbanding support services to ships visiting ports in regions in the Western Pacific and Indian Ocean for separate negotiated procurements. Offerors were to submit separate proposals for each region in which they sought a contract. The solicitation identified factors to be used to evaluate acceptable offers. Offerors were instructed to submit past performance information. GDMA and MLS submitted proposals for the Region 1, South Asia, contract. GDMA appealed the award of the contract to MLS. The Court of Federal Claims granted judgment on the record in favor of the government and MLS. The Federal Circuit affirmed. The Court of Federal Claims found that even if GDMA should have gotten a “Satisfactory” rating instead of “Less than Satisfactory” for past performance GDMA still would have had an inferior past performance rating as compared to MLS, and still would have had negative past performance comments in the record. GDMA did not provide anything but conjecture that even with a “Satisfactory” rating it would have had a substantial chance of prevailing in the bid. GDMA failed to establish that the award to MLS was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.