Inserso Corp v. United States, No. 19-1933 (Fed. Cir. 2020)Annotate this Case
The U.S. Defense Information Systems Agency (DISA) awarded contracts for the opportunity to sell information technology services to various federal government agencies. Inserso did not receive an award; its total evaluated price was the 23rd lowest in a competition for 20 slots. DISA attached a debriefing document to its notice, including the total evaluated price for the awardees and some previously undisclosed information on how DISA evaluated the cost element of the proposals. Inserso sent follow-up communications, noting that several awardees in the small-business competition had also competed in the full-and-open competition as part of joint ventures or partnerships. Inserso asked whether those entities had received similarly detailed debriefings and expressed concern that, if so, the earlier debriefing would have provided unequal information giving a competitive advantage to some bidders. DISA stated that all unsuccessful bidders in both competitions were given similarly detailed information. The Federal Circuit ruled in favor of the government. Because Inserso did not object to the solicitation before the awards, when it was unreasonable to disregard the high likelihood of the disclosure at issue, Inserso forfeited its ability to challenge the solicitation. The court did not reach the issue of whether DISA’s disclosure prejudiced Inserso.