# Court Upholds BOP Set-Aside Decision

The U.S. Court of Federal Claims upheld the Federal Bureau of Prisons’ decision not to reserve a male Residential Reentry Center procurement for small businesses. The court found the BOP’s market research and responsibility assessments rational, contemporaneous, and adequately documented; the agency had identified fewer than two likely responsible small-business offerors. For procurement teams, the decision illustrates how documented market research can support an agency’s set-aside determination and how contractor responses to sources sought notices can inform that record.

- Agencies should maintain contemporaneous support for market research and responsibility assessments when deciding whether a procurement meets the Rule of Two standard.
- Small businesses pursuing residential reentry or similar facility-based work should respond to sources sought notices and document relevant experience, facility availability, and capacity to meet solicitation requirements.
- The incumbent, CORE DC, LLC, was identified as the protester; the ruling underscores that challenging a no-set-aside decision may be difficult when the agency’s record supports its conclusions.

**Jurisdictions:** federal
**Industries:** Public Safety
**Topics:** Regulatory Compliance
**Published:** October 09, 2026

### Government Entities
- Federal Bureau of Prisons (BOP)
- U.S. Court of Federal Claims (COFC)
- U.S. Government Accountability Office (GAO)

### Vendors
- CORE DC, LLC (Incumbent contractor and protester)

### Sources
- [Court of Federal Claims Provides a Roadmap for Adequate Rule-of-Two Set Aside Market Research | Crowell & Moring LLP](https://www.crowell.com/en/insights/client-alerts/court-of-federal-claims-provides-a-roadmap-for-adequate-rule-of-two-set-aside-market-research) - Crowell & Moring LLP