The COFC held that an unsuccessful offeror in a Defense Commissary Agency procurement for daily fresh produce lacked the capacity to continue pursuing a bid protest because the plaintiff relinquished its rights to the lawsuit when it sold its assets to another company during the proceeding. Emerald Coast Finest Produce Co. v. United States, No. 06-742C (Fed. Cl. Nov. 26, 2007). The Purchase Agreement listed certain items that were not to be included in the asset sale. Although this list did not expressly identify the lawsuit, it included “accounts receivable,” which the plaintiff argued encompassed the lawsuit. The COFC rejected the plaintiff’s claim that a lawsuit was an account receivable. Because the lawsuit thus was included in the sale, the COFC dismissed the protest.