So You Want To Supplement The Record At Claims Court

Law360, New York (February 9, 2017, 1:07 PM EST) -- Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by the court in deciding the protest and which must be excluded. In many instances, the parties' understanding of what evidence should be before the court evolves throughout the proceedings. Parties thus frequently find themselves needing to introduce additional extrinsic evidence to support their allegations.

The court's supplementation case law provides a rough framework for the type of extrinsic evidence that may properly be admitted...

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