Communications Regarding Responsibility Do Not Amount to Unequal Discussions; COFC No. 18-1146C, Thoma-Sea Marine Constructors LLC v. United States and Gulf Island Shipyards LLC

Protest challenging the agency’s evaluation of past performance during a corrective action is denied, where the agency did not arbitrarily change the evaluation criteria but emphasized different criteria to weigh the relevance of past performance references in response to the protester’s complaints.