Harmonia Gets Another Chance in Cargo Protest, Fed. Cir. Rules

Harmonia Holdings Group LLC may again challenge the terms in a cargo systems support procurement by U.S. Customs and Border Protection, because the U.S. Court of Federal Claims erred by saying the contractor waived its protest right, the Federal Circuit ruled Tuesday.

The claims court shouldn’t have applied the waiver rule in Blue & Gold Fleet LP v. United States because Harmonia raised an “undisputedly timely, formal challenge of the solicitation” before CBP, Judge Jimmie V. Reyna of the U.S. Court of Appeals for the Federal Circuit said.

The Blue & Gold waiver rule applies to situations where a bidder ...