Rapley & Co. v. Price, Newlot & Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that documents before the GAO are not automatically included in the administrative record, even though Appendix C ¶ 22(u) states that those documents may be included in the administrative record
• remarking that if it accepted declarations offered by the protester and intervenor, its “review of the record would be transformed to de novo review, in direct contradiction of the Federal Circuit’s holding in Axiom,”
• refusing to consider proffered declarations because the AR was not too complex for the Court to review
• applying RCFC Appendix C, 1122(u), and adjusting the administrative record to accept some, but reject other, materials that were generated for, and filed in, a prior protest before GAO
• “Appendix C, ¶ 22[] employs the words ‘may’ and ‘as appropriate,’ leaving it to the Court’s reasoned discretion to determine when materials should be added to the administrative record.”
• “Inclusion of documents in the record of a GAO protest is not an automatic ticket that the same documents will be added to the administrative record before the Court.”

Source: CourtListener parenthetical corpus (CC0).