Federal Circuit Upholds Corrective Action After Outcome Prediction

In Raytheon Co. v. U.S. (Oct. 23, 2015), the Federal Circuit upheld the CFC's denial of Raytheon's protest challenging corrective action taken in response to the GAO's outcome prediction statement that the unequal treatment challenge of a competitor would likely be sustained. The Federal Circuit agreed with the CFC that the Air Force's challenged pre-award communication with Raytheon amounted to unequal and misleading discussions and, therefore, the Air Force had a rational basis for reopening the bidding process.