Recent Court Decision Highlights Effectiveness Of “Second Bite” Protests

A recent U.S. Court of Federal Claims (COFC) decision serves as an important reminder that when the Government Accountability Office (GAO) denies a protest, this is not necessarily the end of the road. Often, contractors retain the right to file a new protest at the COFC, which conducts its own de novo review of the procurement record. This so-called “second bite at the apple” protest is a powerful tool as the COFC’s recent decision in Chugach Logistics & Facility Services JV, LLC v. USA makes clear.

In a post-award bid protest involving a nearly $100 million United States Navy Base Operations Support Contract (BOSC), Chugach Logistics and Facility Services JV, LLC (Chugach) filed a protest at GAO contesting the award of the BOSC to CCS King George 2, LLC (CCS KG). Chugach argued that the agency unreasonably evaluated proposals and made a flawed source selection decision. GAO denied the protest. Chugach then filed an action at the COFC. On August 17, 2026, the COFC reached a