Competitive Prejudice in Bid Protests and Post-Protest Explanations
Maynard Nexsen – The GAO bid protest decision in IDEMIA National Security Solutions, LLC is informative for at least two reasons (there are others): (1) even if the agency's evaluation is flawed, protesters must still demonstrate competitive prejudice because of that error; and (2) GAO will allow post-protest explanations to fill in the gaps of the contemporaneous record, but not to recreate a record in the heat of litigation.
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