In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because cancelling the deal would be too harmful to the government.
The dispute arose over a $103 million small business set-aside NASA environmental and health services contract. A Small Business Administration (SBA) ruling incorrectly deemed Integrated Mission Support Services LLC (IMSS) eligible for the small business set-aside contract.
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