The U.S. Court of Federal Claims (COFC) issued a decision in January 2026 sustaining a protest and granting a temporary restraining order against a sole-source contract award at a civilian agency, finding the agency's Justification and Approval (J&A) under FAR 6.302-1 (only one responsible source) was deficient because it relied on a 2022 market survey without conducting updated research to confirm the market had not changed, per the court's public docket.
What the court found
FAR 6.303-2(b) requires the J&A to include a description of market research conducted and the results. The agency's J&A cited the incumbent's unique capabilities but referenced market research that was four years old. COFC found that:
- Market conditions in cloud services change materially over a four-year period — stale market research is not adequate
- The agency made no effort to issue an RFI or post a sources-sought to test whether other firms had developed comparable capabilities
- The J&A's conclusion that only one source existed was not supportable without current research
The TRO and what happens next
The TRO halts contract performance while the agency prepares a corrective action plan. The agency has two options: conduct fresh market research and re-justify the sole source, or open the requirement to competition. COFC protests are rare — most bid protests go to GAO — but they allow for injunctive relief that GAO cannot provide.
- If you believe a sole-source award displaced your capability, COFC is the right venue if you need a stop-work order — GAO protests don't automatically stay performance
- COFC protests must be filed promptly — jurisdictional rules are strict, typically within days of learning of the award
- Protest counsel is essential at COFC — the procedural rules differ significantly from GAO