Evaluations That Prompt Corrective Action Must Be Documented

We discussed in a previous blog post how the current state of the law at the U.S Government Accountability Office ("GAO") and within the Federal Circuit limits offerors' ability to effectively challenge agency corrective action. See Is There No Balm in Gilead? The Federal Circuit's Decision in Dell Federal Systems L.P. v. United States Reinforces Contractors' Dwindling Options to Effectively Challenge Agency Corrective Action. Specifically, we demonstrated that GAO has adopted a highly deferential, "hands off" position with regard to agency corrective action, holding that "the details of a corrective action are within the sound discretion and judgment of the contracting agency." Northrop Grumman Tech. Servs., Inc., B-404636.11, June 15, 2011, 2011 CPD ¶ 121 at 3. Under governing GAO case law, agencies have discretion to decide the scope of corrective action, including whether discussions will be held, the breadth of such discussions, which offerors shall be included