The Court of Federal Claims’ Sand Point decision clarifies that failure to consider FAR 49.402-3(f) default-termination factors does not alone invalidate a default termination, but may support a pretext claim when combined with allegations of animus or bad faith.

This article examines the ADS protest of an ICE detention IDIQ, where a winning contractor challenged the solicitation’s pricing caps and structure after award. It explains why the Court of Federal Claims treated those arguments as waived and what the case teaches federal contractors about timing their protests.