Bid protest

[Prose]

What is the name of your state? DC

I was just involved in a federal Claims court case. I would like to know if a Judge in his final ruling is allowed to raise a new argument or evidence that favors the plaintiff. But the Plaintiff never raised this argument or evidence in their brief or statement of fact prior to the court final ruling.

 

[divgradcurl]

What is the name of your state? DC

I was just involved in a federal Claims court case. I would like to know if a Judge in his final ruling is allowed to raise a new argument or evidence that favors the plaintiff. But the Plaintiff never raised this argument or evidence in their brief or statement of fact prior to the court final ruling.

I'm not really clear on what you are asking here, but I do have a question -- if the evidence or argument was never raised in either a hearing or in any filings with the court, how did the judge know about the evidence or argument?

 

[Prose]

Sorry, I wasn't clear on this. Well, the new evidence was in the Adminstrative Record.

 

[divgradcurl]

Sorry, I wasn't clear on this. Well, the new evidence was in the Adminstrative Record.

Well, I'm not an expert on federal procurement law, but in general, if the administrative record was made available to the court, either by the court taking judicial notice of the record or some other manner, then the court can use the record in its analysis of the case.