Prior Discussion Not Made Misleading by Subsequent Corrective Action; COFC No. 17-1080C, XPO Logistics Worldwide Government Services, LLC v. United States

The Court of Federal Claims denied the protester’s motion for judgment on the administrative record, where the agency’s reevaluation of past performance as part of corrective action, including lowering the protester’s adjectival evaluation rating, was not arbitrary and capricious, and where the protester knew the agency did not plan to reopen discussions as part of its corrective action, and therefore waived any challenge to the previously held discussions.