On July 18, 2025, the court dismissed The Suddath Companies and related consolidated post-award bid protest action without prejudice. The Suddath Companies and government filed a joint stipulation of dismissal but National Holding Companies, Inc. and Total Military Management, Inc. did not. In the government’s motion to dismiss, it argued following the June 18, 2025 DoD’s cancellation of the Global Household Goods Relocation Contract (“GHC”) the plaintiffs’ requests for relief have been rendered moot by USTRANSCOM’s termination of the GHC contract.[1]
The court denied National and Total’s request for an expanded published opinion rather than a short-form docket entry of dismissal. As predicted, the court, applying controlling precedent concluded the GHC termination rendered the case moot. As such, there was no “case or controversy” before the court to adjudicate; leaving only a ministerial action noting the dismissal on the docket triggering appellate rights.[2]
Background
The Suddath Companies argue in its complaint violation of law when, after awarding the GHC to HSA, the government allegedly engaged in a course of conduct which constituted “illegal” non-competitive changes to the scope of work of the procurement for the GHC. Specifically, by claiming certain differences, not part of the original solicitation resulted in a “windfall of additional time and money” to HSA. Differences include enlarging the time period for “full implementation” of the GHC by at least 34 months; halting the transition of HHG moves for one and one-half years; and $60 million to fund the extended implementation period and cooperative development and implementation of a mobile application on members’ smart-phones.
The gist of Suddath’s protest was to argue, based on its credible claim of extensive, long-standing expertise in managing national and international military moves under the Defense Personal Property Program (“DP3”), that had it known the government would have facilitated a “flexible 3-year-plus transition and government-funded software development effort” after making an award, Suddath could have and would have bid. Suddath alleges it has “the financial wherewithal to fund the ongoing costs associated with development of technology and execution of the GHC contact” and “would have been able to offer a much more competitive price and better value to the government[.]”
Suddath’s complaint requests a legal declaration that USTRANSCOM’s actions constitute substantial modification of the scope of the GHC without competition in violation of law; to halt USTRANSCOM from further performance under the GHC; and order USTRANSCOM re-issue a new solicitation accurately reflecting USTRANSCOM’s needs.
HSA intervened in the Suddath action to assert claims and defenses.
A hearing was held in March to hear oral argument on the parties’ motions for judgment on the administrative record.
By cancelling the GHC, it would be expected that the Court would conclude Suddath no longer has a cognizable “case or controversy” meriting relief and dismiss the action as “moot.” In other words, we can expect that there will be no legal decision on the merits of Suddath’s claims. That being said, HSA in a press release announced disappointment “that it did not have the opportunity to engage with [the DoD’s] Permanent Change of Station Joint Task Force prior to the [GHC] being terminated without warning.” And, HSA “is considering all legal options available to it.”
What’s Next for DP3 for Military Personnel, Civilian Employees, and Their Families
Major General Lance G. Curtis, U.S. Army is the designated representative to lead a newly created Permanent Change of Station Joint Task Force (“PCS JTF”) with bi-weekly reporting duties to the Secretary of Defense on new guidance for implementation of DP3 and authorization authority to reimburse Personally Procured Moves at either:
100% of the government’s constructed “Best Value” Tender of Service rate; or
130% of the GHC rate.
The Secretary of Defense has given PCS JTF until September 5, 2025, to submit formal recommendations to the Secretary for the long-term reform of “the JTF mission and the DP3 and shall outline a strategic path forward.”
Dated: Sudbury, MA
July 18, 2025
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[1] The Suddath Companies v. USA, 24-01836, Court of Federal Claims, Judgment (Doc 86) filed 7/18/25; Order Dismissing Case (Doc 85) filed 7/17/25.
[2] We wrote about HomeSafe’s successful defense to the government’s award of the GHC to it as the single indefinite delivery, indefinite quantity moving/relocation service provider brought by a different set of protestors, after more than 2 ½ years of legal skirmishing, here.