Markon LLC (B-423767; B-423767.2; B-423767.3; B-423767.4)
You should care.
Categories: Cost or price evaluation, past performance
Date: 12 December 2025
URL: https://www.gao.gov/products/b-423767,b-423767.2,b-423767.3,b-423767.4
Markon protested the CIA’s award to Arcfield for business operations, IT engineering, and modernization support, arguing the agency misevaluated both cost realism and past performance, the former being the most interesting case.
The CIA’s technical evaluators credited Markon’s proposal with strengths for its modernization approach and anticipated efficiencies, but the cost evaluators then treated those same efficiencies as noncompliant with oral guidance from prebid one-on-one sessions, concluded Markon had improperly relied on the agency’s modernization plans, and added a large upward probable-cost adjustment.
GAO sustained the protest on that ground. It found the agency had effectively used unstated evaluation criteria in the cost-realism review by relying on oral instructions and by refusing to meaningfully evaluate Markon’s proposed efficiencies as part of its unique technical approach. GAO denied the past-performance challenge, however, finding that part of the evaluation reasonable.
The protest is sustained.
Digest
- Allegation that the agency conducted an unreasonable cost realism evaluation is sustained where the evaluation was inconsistent with the solicitation and procurement law and regulation.
- Allegation that the agency conducted a flawed past performance evaluation is denied where the record demonstrates that the evaluation was consistent with the solicitation and procurement law and regulation.
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