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Take the recent COFC decision in Optimum Services, Inc. v. United States (No. 24‑456C). The agency used LPTA to award a $50M logistics support task order. The awardee had a marginal past performance rating for a similar scope, while the protester had outstanding ratings. The court found that the agency failed to justify why performance risk was ‘low’ despite clear past performance differences.

In the past year, GAO has sustained multiple protests where agencies applied LPTA to task orders under multiple‑award contracts for professional services. The protesters’ argument? Past performance matters, and LPTA doesn’t let it matter enough. lop blog

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