# Textron, Inc. v. United States

> United States Court of Federal Claims · November 17, 2006 · 74 Fed. Cl. 277

URL: https://www.frixlaw.com/law-library/cases/6655531

## Case

- **Full name:** TEXTRON, INC. v. The UNITED STATES, and Manitowoc Marine Group/Marinette Marine Corporation, Intervenor-Defendant Ocean Technical Services, Inc. v. The United States, and Manitowoc Marine Group/Marinette Marine Corporation, Intervenor-Defendant
- **Court:** United States Court of Federal Claims
- **Decided:** November 17, 2006
- **Citations:** 74 Fed. Cl. 277; 2006 U.S. Claims LEXIS 347; 2006 WL 3895100
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Christinemiller
- **Judges:** Christine, Miller
- **Cited by:** 119 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6655531

## How later opinions describe it (automated extraction)

- explaining that there is “no need to continue to prejudice” when “the -10- Government has acted arbitrarily and capriciously” because that “necessarily invalidates the procurement”
- stating that a protester has standing only if it “would be in contention absent an unreasonable procurement decision or violation of applicable procurement regulations” (emphasis added)
- noting that when considering whether an injunction would be in the public interest, “the court must consider matters of national defense and national security in providing relief”
- noting that “in addition to [prejudice] being an element of standing, a showing of prejudice is required before injunc-tive relief is granted”

## Opinion text

OPINION 1
CHRISTINE O.C. MILLER, Judge.
This post-award bid protest action filed by plaintiffs Textron, Inc. (“Textron”), and Ocean Technical Services, Inc. (“O-Tech”), is before the court subsequent to argument on cross-motions for judgment on the administrative record. Textron and O-Tech (collectively “plaintiffs”) seek to enjoin permanently the performance of the contract awarded to intervenor-defendant Marinette Marine Corporation (“Marinette”) by the United States Coast Guard (the “USCG”) under Solicitation No. HSCG23-05-R-ARB001 (the “Phase II Solicitation”) for the design and construction of the Response Boat-Medium (the “RBM”). This is a major multi-year procurement for the USCG. The RB-M fleet is one part of the USCG’s on-going effort to modernize and standardize its fleet.
Assuming that injunctive relief is not granted, but that the procurement is found to be defective, plaintiffs seek costs accrued in preparing their bids and proposals from the procurement process. Plaintiffs also demand reimbursement for attorneys’ fees and the cost of litigating these actions.
The parties developed their schedule for briefing, and the court resolved the objections to extending it. See Order entered July 18, 2006, 1Í 4-10. Oral argument on the motions was held on October 18, 2006. Although the court had promised to enter a ruling four days after oral argument, see Order entered July 18, 2006, 119, the most recent request for extension pushed that date into a period during which the court was conducting a two-week trial out of the District of Columbia. See Order entered Sept. 19, 2006, H1 (granting, in part, defendant’s motion for enlargement of time to file cross-motion and opposition). Therefore, the court advised the parties during oral argument that the earliest date for decision was this date.
FACTS AND PROCEDURAL HISTORY
The undisputed factual backdrop to this opinion involves a four-year procurement *281 process conducted in two phases (“Phase I” and “Phase II”). On August 10, 2002, the USCG issued Solicitation No. HSCG23-02-R-ARB048 (the “Phase I Solicitation”) for the design and production of a RB-M test boat, a versatile boat capable of performing various USCG missions, including search and rescue, enforcement of laws and treaties, and defense operations. Following an evaluation of the Phase I proposals, the USCG, on May 2, 2003, awarded contracts to Textron, O-Tech, and Marinette to participate in Phase II. AR 00701. 2
Textron, a Delaware corporation, controls Textron Marine & Land Systems, the New Orleans-based division of Textron, that prepared and submitted the proposals at issue. O-Tech, a Louisiana corporation and a Small Disadvantaged Business, 15 U.S.C. §§ 631 -657f (2000), is a full-service shipyard and marine construction facility, constructing vessels in fiberglass, aluminum, and steel. Mar-inette, a division of the Manitowoc Marine Group, based in Marinette, Wisconsin, has designed, built, and delivered more than 1,300 vessels for government and commercial customers over its sixty-three year history. AR 40115-16.
The Phase I contracts required Textron, O-Tech, and Marinette each to produce a single RB-M test boat, which they delivered on October 29, 2003. AR 00701. Upon receipt of the RB-M test boats, the USCG conducted extensive in-water testing and made performance measurements. AR 00586. The USCG crews also rode in the test boats and provided portions of their comments to the Phase I contractors. AR 00586. By April 2004 testing on the Phase I boats was complete. AR 40114.
The USCG issued the Phase II Solicitation on April 25, 2005. AR 00583. The contract ultimately was a negotiated best-value award, based on technical and price proposals that were subject to a tiered review structure, guided by the criteria announced in the Phase II Solicitation. The Phase II Solicitation contemplated the award of a single contract for the design of the RB-M, including data rights thereto, and production of boats according to that design. AR 00701-02. It included the option for production of up to 180 boats, as well as various technical and support services to be provided over a period of up to eight years. AR 00586. Pursuant to an approved Justification for Other than Full and Open Competition, only Textron, O-Tech, and Marinette were invited to participate in Phase II. AR 01663.
The Phase II Solicitation relaxed the maximum permissible beam requirements, set at fourteen feet overall in Phase I, to fifteen feet overall in Phase II. Compare AR 00876 zvith AR 50003. Each offeror was free to change its design to incorporate the new beam allowance, to propose a new RB-M design entirely, or to propose the same design, as long as they conformed to the minimum requirements of the Phase II Solicitation. AR 00991.
On November 7, 2005, the contracting officer for the RB-M procurement decided to exclude O-Tech and Textron from the competitive range. AR 71824. Following this notice of the contracting officer’s decision, O-Tech filed a bid protest with the Government Accountability Office (the “GAO”) on December 22, 2005. Compl., Ocean Tech. Services, Inc. v. United States, No. 06-151C, 1177 (Fed.Cl. Feb. 28, 2006). The following day, Textron filed its protest. On February 21, 2006, O-Tech withdrew its GAO protest and sued in the United States Court of Federal Claims. Subsequently, by order entered on March 3, 2006, O-Tech’s action was consolidated with Textron, Inc. v. United States, No. 06-161C (Fed.Cl. Mar. 2, 2006), and Marinette intervened. Ocean Tech. Services, Nos. 06-151C, & Textron, No. 06-161C ¶1 (Fed.Cl. Mar. 3, 2006) (order consolidating eases).
On March 16, 2006, the USCG, through its counsel, telephonically informed this court and the parties that it had opted to take unilateral corrective action by reinstating Textron and O-Tech to the competitive range determination and reopening discussions. See Ocean Tech. Services, Nos. 06-151C & *282 06-161C (Fed.Cl. Mar. 16, 2006) (order dismissing complaints without prejudice and retaining jurisdiction to monitor discrete issues) (the “March 16 Order”). Accordingly, the court dismissed plaintiffs’ claims without prejudice, retaining jurisdiction to monitor, inter alia, Textron’s allegations that improper action had been taken by the USCG with regard to Textron’s teaming member, EDO Corporation (“EDO”). Id. 112 . On May 17, 2006, defendant filed a status report advising that the Government had found no evidence to suggest that procurement laws had been violated. See Def.’s Status Report, Nos. 06-151C & 06-161C, filed May 17, 2006, at 2-3. Final judgment was entered on May 18, 2006. Eighteen days after final judgment was entered, on June 5, 2006, Textron filed its own status report to reserve “its right to protest in the event that [Marinette] names EDO as a teaming member.” Textron’s Status Report, Nos. 06-151C & 06-161C, filed June 5, 2006, at 3.
The procurement before the court was, as prescribed by section M.3 of the Phase II Solicitation, a negotiated best-value selection. AR 00999. In accordance with section M.2 and M.3 of the Phase II Solicitation, the Source Selection Authority (the “SSA”) determined that Marinette’s offer was the most “advantageous” to the Government using a “trade-off process” in the source selection approach. AR 00999. “In this process, the Non-Price area [was considered] significantly more important than Price.” AR 01000. Each of the non-price evaluation factors— management, systems engineering, mission effectiveness, and support-was to be considered equally. AR 01000. The “Response Boat Medium (RB-M) Proposal Evaluation Procedures” (the “PEP”) directed the USCG evaluators to review each proposal and identify deficiencies, significant weaknesses, strengths, and risks. AR 00619. Evaluators were then to assign a “technical rating” and “risk rating” to each of the four non-price factors. AR 40755-56, AR 00617. Price was evaluated for “completeness, price reasonableness, cost realism and unbalanced pricing.” AR 01000.
The discussion period following the USCG’s corrective action concluded on April 6, 2006. AR 40114. On April 27, 2006, the USCG received the Final Proposal Revisions (the “FPR”) from Marinette, Textron, and O-Tech. AR 40114. The USCG announced the award of the Phase II contract to Mari-nette on June 26, 2006, AR 40749, 40750, and O-Tech protested to the GAO on July 10, 2006. Textron filed its complaint in the Court of Federal Claims on July 12, 2006. On July 17, 2006, the GAO dismissed O-Tech’s protest, and O-Teeh filed an identical complaint in the Court of Federal Claims. Once again, plaintiffs’ cases were consolidated, and Marinette intervened. See Order entered July 14, 2006,1IH 2,16. Textron then moved for a preliminary injunction, followed by O-Tech; Textron, O-Tech, Marinette, and defendant each filed separate briefs.
Following argument on the motions for preliminary injunction on July 19, 2006, the court ruled from the bench that plaintiffs had not established their entitlement to a preliminary injunction. A Memorandum Order and Opinion, entered July 20, 2006, memorialized the ruling. See Order entered July 20, 2006. The court found that the loss of an opportunity to compete for a contract on a level playing field sufficiently established irreparable harm for plaintiffs and ruled that, given the leisurely pace of the procurement, defendant’s argument with regard to its national security and defense needs was unpersuasive. Id. at 3-4 . Nevertheless, Marinette easily refuted plaintiffs’ factual claims, based only on “information and belief,” which belied plaintiffs’ ability to demonstrate a likelihood of success on the merits. Id. at 5-7 . Therefore, the court denied preliminary injunctive relief. Id. at 7 ; see Chrysler Motors Corp. v. Auto Body Panels of Ohio, Inc., 908 F.2d 951, 953 (Fed.Cir.1990) (holding that “the absence of an adequate showing with regard to any one factor may be sufficient, given the weight or lack of it assigned the other factors, to justify the denial”).
On August 25, 2006, O-Teeh and Textron moved for summary judgment on the administrative record pursuant to RCFC 52.1(b). Marinette and defendant filed cross-motions for summary judgment on September 15, 2006, and September 22, 2006, respectively. On July 25, 2006, defendant filed the initial *283 administrative record, which was supplemented without objection four times between July 26-31, 2006. See Notices of Filing filed July 25-28, 2006; Order entered July 31, 2006 111 (granting defendant’s unopposed motion to supplement). Thereafter, plaintiffs moved to compel defendant to file the complete administrative record. The motion was granted after a hearing on August 10, 2006. See Order entered Aug. 10, 2006 HIT 1-2 (granting, in part, plaintiffs’ motions to compel filing of the administrative record). The administrative record again was supplemented on August 21, 2006; on September 8, 2006; and finally on September 21, 2006, following briefing. See Orders entered Aug. 21, 2006, Sept. 8 & 21, 2006. Because this case implicates two protests, a two-phase procurement, and the significant timing of the conduct of a renegade consultant, the court has attached a time line of events as Appendix A to this opinion.
DISCUSSION
I. Standard of review
The Court of Federal Claims has jurisdiction over actions brought by unsuccessful offerors in a government procurement pursuant to the Tucker Act, 28 U.S.C. § 1491 (b)(1) (2000), as amended by the Administrative Disputes Resolution Act of 1996, Pub.L. No. 104-320, § 12 (a), 110 Stat. 3870 , 3874-75 (codified at 28 U.S.C. § 1491 (b)) (the “ADRA”).
A. Standing
As the United States Court of Appeals for the Federal Circuit has had occasion to note, the history of judicial review in bid protest decisions is “both long and complicated.” Impresa Construzioni Geom. Domenico Ga-rufi v. United States, 238 F.3d 1324, 1331 (Fed.Cir.2001) (offering summary of history of bid protest judicial review) (“Ganofi ”). In 1996 Congress clarified the Court of Federal Claims’ bid protest jurisdiction when it passed the ADRA, 28 U.S.C. § 1491 (b)(1) (2000). The Federal Circuit considered the meaning of the revised jurisdictional grant in Am. Fed’n of Gov’t Employees v. United States, 258 F.3d 1294, 1298 (Fed.Cir.2001) {“AFGE”), concluding that the term “interested party” of section 1491(b)(1) should be construed “in accordance with the [Competition in Contracting Act,]” 31 U.S.C. § 3551 (2) (2000). AFGE, 258 F.3d at 1302 .
Accordingly, as a threshold matter, to have standing a protestor must demonstrate that it is an “interested party objecting to a solicitation by a Federal agency.” 28 U.S.C. § 1491 (b)(1). To meet this standard, an “interested party” must show that it is (1) “ ‘an actual or prospective bidder[ ] or offeror[;]’ ” and (2) its “ ‘direct economic interest [is] affected by the award of the contract or by failure to award the contract.’” Rex Serv. Corp. v. United States, 448 F.3d 1305, 1307 (Fed.Cir.2006) (quoting AFGE, 258 F.3d at 1294 , and adopting the language of CICA § 3551(2)(A) (emphasis omitted)); see also Banknote Corp. of Am. v. United States, 365 F.3d 1345, 1352 (Fed.Cir.2004).
In applying the narrow standard adopted in AFGE, 258 F.3d at 1302 , the Federal Circuit has construed the second element, the “direct economic interest” prong, to mean that a successful protestor must also establish that the errors complained of caused prejudice. Id. “Prejudice (or injury) is a necessary element of standing.” Myers Investigative and Security Serv., Inc. v. United States, 275 F.3d 1366, 1370 (Fed.Cir.2002). The requisite showing of prejudice to establish standing is satisfied when a protestor demonstrates that, absent the alleged error, a “substantial chance” exists that it would have received the contract award. See Bannum, Inc. v. United States, 404 F.3d 1346, 1353 (Fed.Cir.2005); see also Myers, 275 F.3d at 1370 (stating that “the substantial chance rule continues to apply”); Rex, 448 F.3d at 1308 (stating that, “to prove a direct economic interest ..., [a protestor] is required to establish that it had a ‘substantial chance’ of receiving the contract”). As applied by the courts, this appealingly straightforward standard has proven to be the source of considerable confusion.
Recent in-depth review of case law undertaken by Judge Braden reveals judicial interpretation of the substantial-chance standard has been anything but consistent. See Comprehensive Health Services, Inc. v. United States, 70 Fed.Cl. 700, 717-18 (2006). Since *284 1990 the substantial-chance requirement has been construed as requiring everything from a “greater than insubstantial” chance of success on the merits, Information Tech. & Applications Corp. v. United States, 316 F.3d 1312, 1319 (Fed.Cir.2003), to a “reasonable” likelihood of receiving the award but for the alleged error, Data Gen. Corp. v. Johnson, 78 F.3d 1556 , 1562-63 (Fed.Cir.1996), to allowing only protest by the second-lowest bidder, United States v. Int’l Bus. Machines Corp., 892 F.2d 1006, 1011 (Fed.Cir.1990).
As will be discussed more thoroughly in this opinion, confusion over the standard of prejudice is further compounded because, in addition to being an element of standing, a showing of prejudice is required before injunctive relief is granted. Bannum, 404 F.3d at 1353 ; Banknote, 365 F.3d at 1351 . Although both of these showings of prejudice theoretically may be satisfied by the same demonstration of a “substantial chance” of receiving the award but for the alleged error, see Alfa Laval Separation, Inc. v. United States, 175 F.3d 1365, 1367 (Fed.Cir.1999); Myers, 275 F.3d at 1370 , the practice has varied. The prejudice requirement for standing generally has been satisfied by the mere showing that a protestor “could compete for the contract,” Myers, 275 F.3d at 1370 . At the same time, some cases have examined more closely the merits-based showing required for injunctive relief as a threshold requirement for standing. See, e.g., Galen Med. Associates v. United States, 369 F.3d 1324, 1330-31 (Fed.Cir.2004) (prejudice not found when protestor could not meet requirements of solicitation because it lacked the requisite facilities); Data Gen., 78 F.3d at 1563 (prejudice not suffered when, despite pricing error, protestor’s prices remained substantially higher).
Historically, success in compartmentalizing the two requisite prejudice showings has been limited. See, e.g., Alfa Laval, 175 F.3d 1365 . In Alfa Laval v. United States, 40 Fed.Cl. 215, 234-35 (1998), rev’d & remanded, 175 F.3d 1365 (Fed.Cir.1999), a merits-based discussion of prejudice, this court ruled that, although a contract had been awarded based on a proposal that was technically incomplete, no prejudice existed because of the “colossal” price difference between the incomplete proposal and the only other proposal available for consideration. Alfa Laval, 40 Fed.Cl. at 234-35 . On appeal the Federal Circuit reversed after applying the more lenient standard of prejudice reserved for issues of standing, i.e., determining that the protestor met all the qualifications for award. Alfa Laval, 175 F.3d at 1367 . The result is conflation of the respective standards for prejudice as an element of standing and prejudice as a gauge for determining whether a defect in a procurement decision is insufficient to overturn it.
Recently, in Fisher v. United States, 402 F.3d 1167 (Fed.Cir.2005) (en bane), the Federal Circuit elaborated upon the nuanced approach required in cases where jurisdictional determinations risk overlapping with discussions of the merits. See also Metz v. United States, No. 05-5158, 2006 WL 2727205 (Fed. Cir. Sept.18, 2006). The Federal Circuit held that the Court of Federal Claims’ jurisdiction under a provision in the Tucker Act, 28 U.S.C. § 1491 (a)(1), which provides jurisdiction only for claims brought under the Constitution, statutes, or regulations that allow for money damages against the United States, prescribed a one-step process. 402 F.3d at 1172-73 . The determination that a source of law is money-mandating resolves both the court’s jurisdiction and the character of the money mandating source. Id. The court then should proceed to the merits. Id.
The case at bar risks plunging the court into a two-step approach similar to the one that the Fisher court overruled en banc. The analysis discredited in Fisher would have preserved jurisdiction based on a non-frivolous allegation unless a decision on the merits undercuts it, in which case dismissal would be for lack of jurisdiction. See id. at 1172 . For example, Marinette responded to O-Tech’s motion by asserting that, inter alia, O-Tech lacks standing because, due to its disqualifying rating in Systems Engineering, even if an error occurred, as a non-contender, O-Tech was not prejudiced. See Marinette’s Br. (O-Teeh) filed Sept. 15, 2006, at 21. Addressing Marinette’s contentions presupposes discussion of the merits, which would lead the court in a round-robin *285 through the arguments on the merits in order to resolve a jurisdictional issue. Such is not a desirable or appropriate procedure.
An approach similar to that of Fisher should be adopted to address the requisite showing of prejudice. While focusing on the status of the protestor is appropriate for assessing standing, a merits-based determination of actual prejudice should be treated separately. This approach is particularly suited to the instant case. Notably, it would avoid examining the parties’ arguments on the merits in order to resolve standing by employing a standard that requires only that a protestor be (1) either a bidder or proposer that has been prevented from bidding or proposing due to some infraction other than the terms of the solicitation itself; or (2) either a bidder or proposer who would be in contention absent the unreasonable procurement decision or violation of applicable procurement regulations. Further, by explicitly allowing for two separate analyses, no confusion should exist that a successful showing to establish standing augurs success when the protestor attempts to meet the standard of prejudice for injunctive relief. See United States v. John C. Grimberg Co., 702 F.2d 1362, 1372 (Fed.Cir.1983) (granting injunctive relief reserved for exceptional cases).
B. Standard of review of a bid protest in a negotiated procurement
In evaluating an agency procurement decision, the ADRA directs the court to use the standard of review set forth in section 706 of title 5, i.e., the Administrative Procedure Act, 5 U.S.C. § 706 (2000) (the “APA”); see 28 U.S.C. § 1491 (b)(4) (2000); Banknote, 365 F.3d at 1350 . The APA gives the court discretion to set aside agency action only if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A); see PGBA, LLC v. United States, 389 F.3d 1219, 1224-28 (Fed.Cir.2004) (holding that ADRA, in incorporating arbitrary and capricious standard of APA, did not alter court’s equitable discretion in granting injunctive relief).
The Federal Circuit restated in Bannum, 404 F.3d at 1351 : “A bid protest proceeds in two steps. First, ... the trial court determines whether the government acted without rational basis or contrary to law when evaluating the bids and awarding the contract.” 3 Bannum, 404 F.3d at 1351 ; see Banknote, 365 F.3d at 1351 ; Info. Tech. Applications Corp. v. United States, 316 F.3d 1312, 1318-19 (Fed.Cir.2003); Garufi, 238 F.3d at 1333 ; Statistica, Inc. v. Christopher, 102 F.3d 1577, 1581 (Fed.Cir.1996). Second, if the court finds that the agency acted in violation of the APA standard, “then it proceeds to determine, as a factual matter, if the bid protester was prejudiced by that conduct.” Bannum, 404 F.3d at 1351 . In either case a plaintiff bears the “heavy burden” of proving a lack of rational basis or a violation of the law by a preponderance of the evidence. Garufi, 238 F.3d at 1333 .
C. Standard for reviewing negotiated procurement depending on nature of challenge
In making the initial determination whether the agency action lacks rational basis or is contrary to law or regulation, the court applies two analyses depending on the nature of the challenge. For an agency action to possess a rational basis, “ ‘the contracting agency [must] provide[] a coherent and reasonable explanation of its exercise of discretion.’ ” Garufi, 238 F.3d at 1332 (quoting Saratoga Dev. Corp. v. United States, 21 F.3d 445 , 456 (D.C.Cir.1994)). An agency is entitled to wide discretion in its evaluation of bids. Grumman Data Sys. Corp. v. Widnall, 15 F.3d 1044, 1046 (Fed.Cir.1994). The court must not substitute its judgment for that of the agency; rather, it should defer to the agency’s analysis so long as it has substantial basis in fact. See id.; see also Camp v. Pitts, 411 U.S. 138, 142-43 , 93 S.Ct. 1241 , 36 L.Ed.2d 106 (1973); Fed. Power Comm’n v. Florida Power & Light Co., 404 U.S. 453, 463 , 92 S.Ct. 637 , 30 L.Ed.2d 600 (1972); In re Sang Su Lee, 277 F.3d 1338, 1344 (Fed. Cir.2002).
*286 In particular, technical ranking decisions made by the agency are “minutiae of the procurement process ..., which involve discretionary determinations of procurement officials that a court will not second guess.” E. W. Bliss Co. v. United States, 77 F.3d 445, 449 (Fed.Cir.1996); see CCL Serv. Corp. v. United States, 48 Fed.Cl. 113, 120 (2000). When government officials are granted in such situations a great deal of discretion, the “aggrieved party faces a higher burden.” CCL Serv., 48 Fed.Cl. at 120 (citing Burroughs Corp. v. United States, 223 Ct.Cl. 53 , 617 F.2d 590, 597-98 (1980)). “Thus, ‘[i]n reviewing [plaintiffs] protest of the agency’s technical evaluation and decision to eliminate an offeror from the competitive range, we will not evaluate the proposal anew, but instead will examine the agency’s evaluation to ensure that it was reasonable and in accord with the evaluation criteria listed in the solicitation.’ ” Id. (quoting In re Beneco Enterprises, Inc., 70 Comp. Gen. 574 , 576, 1991 WL 119139 (1991)). Because the procurement in this case is a negotiated “best value,” AR 00999, “the protestor’s burden of proving that the award was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law is greater than in other types of bid protests.” Galen Med., 369 F.3d at 1329 (citing LaBarge Prods., Inc. v. West, 46 F.3d 1547, 1555 (Fed.Cir.1995), and Burroughs, 223 Ct.Cl. 53 , 617 F.2d 590 ).
Agency procurement procedures that are contrary to applicable laws and regulations also violate the APA standard. 5 U.S.C. § 706 (2)(A); Bannum, 404 F.3d at 1351 ; Ga-rufi, 238 F.3d at 1335 ; Emery Worldwide Airlines, Inc. v. United States, 264 F.3d 1071, 1085-86 (Fed.Cir.2001). Federal law requires an agency to “evaluate ... competitive proposals and make an award based solely on the factors specified in the solicitation.” 10 U.S.C. § 2305 (b)(1) (2000). In contrast with the analysis of whether the agency decision has a rational basis, an agency has no discretion regarding the mandate of applicable laws and regulations. It is irrelevant whether the agency views the regulation or requirement of the solicitation as important; the agency is bound strictly by its terms “ ‘regardless of the panel’s view of the appropriateness of the standard.’” Alfa Laval, 175 F.3d at 1367 -68 (quoting Alfa Laval, 40 Fed.Cl. at 230 ).
D. Standard of review for judgment on the administrative record
The parties filed cross-motions for judgment on the administrative record pursuant to RCFC 52.1. 4 Rule 52.1 provides a procedure for expedited trial on a “paper record, allowing fact-finding by the trial court.” Bannum, 404 F.3d at 1356 . Unlike a motion for summary judgment, a genuine dispute regarding a material fact will not preclude a judgment on the administrative record. See id. The parties are restricted to the agency record and any supplementation consistent with RCFC 52.1. See RCFC 52.1, rules committee note (2006). The court must make findings of fact from this record as if it were conducting a trial. Bannum, 404 F.3d at 1357 .
In certain circumstances the administrative record may be supplemented. Garufi, 238 F.3d at 1338 (stating that supplementation is appropriate where “required for meaningful judicial review”); GraphicData LLC v. United States, 37 Fed.Cl. 771, 778-80 (1997); see also CCL Serv., 48 Fed.Cl. at 118-20 . In general, the court will supplement the administrative record when it is necessary for a full and complete understanding of the issues. Al Ghanim Combined Group Co. Gen. Trad. & Cont. W.L.L. v. United States, 56 Fed.Cl. 502, 508 (2003) (allowing supplementation of “evidence without which the court cannot fully understand the issues”).
E. Standard for obtaining injunctive relief
Plaintiffs ask that the USCG be enjoined from awarding the contract to Marinette. The Federal Circuit has characterized the award of injunctive relief as “extraordinary” and only to be granted in limited circumstances. John C. Grimberg Co., 702 F.2d at 1372 . In order to obtain an injunction, a *287 protestor must demonstrate by a preponderance of the evidence that (1) it succeeds on the merits; (2) it will suffer irreparable harm if injunctive relief is not granted; (3) the harm to plaintiff if an injunction is not granted outweighs the harm to the Government if an injunction is granted; and (4) the injunction is not against the public interest. PGBA, 389 F.3d at 1228-29 ; FMC Corp. v. United States, 3 F.3d 424, 427 (Fed.Cir. 1993); see US. Ass’n of Importers of Textiles & Apparel v. United States, 413 F.3d 1344, 1346 (Fed.Cir.2005). “No one factor, taken individually, is necessarily dispositive.” FMC, 3 F.3d at 427 . “[T]he absence of an adequate showing with regard to any one factor may be sufficient, given the weight or lack of it assigned the other factors, to justify the denial.” Chrysler Motors, 908 F.2d at 953 .
When injunctive relief is warranted, it will only be issued upon a showing by a preponderance of the admissible evidence. See GraphicData, LLC, 37 Fed.Cl. at 779 ; PCI/RCI v. United States, 36 Fed.Cl. 761, 767 (1996); Stapp Towing, Inc. v. United States, 34 Fed.Cl. 300, 305 (1995); C & G Excavating v. United States, 32 Fed.Cl. 231, 235 (1994); Logicon, Inc. v. United States, 22 Cl.Ct. 776, 783 (1991). Although some judges of the Court of Federal Claims insist upon the higher “clear and convincing” standard for injunctive relief, this court repeatedly has noted that such an approach is utterly without binding precedential support. See Bannum Inc. v. United States, 60 Fed.Cl. 718, 723 (2004) (tracing line of cases advocating clear and convincing standard to another federal appellate court’s statement in 1964 that “[injunction is a drastic remedy to be exercised with caution, and should be granted only in cases where the necessity therefor is clearly established.” Goldammer v. Fay, 326 F.2d 268, 270 (10th Cir.1964)), aff'd, Bannum, 404 F.3d at 1346 .
This debate is not semantic. Securing in-junctive relief is a costly process that places upon the protestor a sufficiently heavy burden without hobbling those who come to court with the challenge of, inter alia, obtaining preliminary injunctive relief by proving probability of success on the merits by clear and convincing evidence—a paradigm of oxymoronic legalisms. The latest case to advocate the clear and convincing standard, KSD, Inc. v. United States, 72 Fed.Cl. 236, 266 (2006), cites no binding precedent that explicitly adopts this remarkable and bizarre standard.
II. Success on the merits
To demonstrate success on the merits, plaintiffs must prove either that the USCG acted without a rational basis when it selected Marinette as the contractor or they must show “a clear and prejudicial violation of applicable statutes or regulations.” Garufi, 238 F.3d at 1333 . In addition, plaintiffs must prove that the USCG’s actions prejudiced them. “[I]f the trial court finds that the government’s conduct fails the APA review under 5 U.S.C. § 706 (2)(A), then it proceeds to determine, as a factual matter, if the bid protestor was prejudiced by that conduct.” Bannum, 404 F.3d at 1351 . “[T]he prejudice determination assesses whether an adjudged violation of law warrants setting aside of a contract award.” Id. at 1357 .
Plaintiffs attack the procurement process at issue with four arguments. First, Textron insists that the USCG took inadequate corrective action in response to plaintiffs’ previous pre-award bid protest. Plaintiffs next argue that Marinette’s proposed RB-M was technically unacceptable, as it failed to meet the minimum solicitation requirements and “somehow escaped meaningful government scrutiny.” O-Tech’s Br. filed Aug. 25, 2006, at 1, 5; see Textron’s Br. filed Aug. 25, 2006, at 2-4. Moreover, they maintain that the USCG improperly and unfairly evaluated their RB-M proposals by applying an unstated solicitation requirement to their proposed RB-Ms, and by unevenly evaluating their vessels in a manner that favored Marinette. Finally, plaintiffs argue that the USCG’s best value determination was irrational.
A. The USCG took adequate corrective action
1. Textronr-EDO Teaming Agreement/ISM Issue
The Phase II Solicitation called for proposals regarding the Integrated Systems Model *288 (“ISM”). AR 00990. The ISM is a group of multi-dimensional relational databases used to track and manage all design changes, maintenance, spare parts acquisition, and other support needs for the RB-M, which include a full-time, onsite Information Technology integrator. The ISM is listed in the Phase II Solicitation as a required element of the Systems Engineering and Support Non-Price Areas. 5 AR 00990, 00992.
On May 20, 2005, Textron and EDO entered into a “USCG Response Boat—Medium Teaming Agreement” (the “Teaming Agreement”), by which EDO agreed to work as an exclusive subcontractor to Textron regarding certain areas of responsibility. PX (Textron) 10 at 1. These areas of responsibility included the requirement that “EDO shall offer [Textron] its advice and aid, and shall prepare the substantive content of its areas of the proposal.” Id. Exhibit A to the Teaming Agreement, which tentatively establishes the “spheres of endeavor and responsibility of each party,” states that EDO’s responsibilities include “[d]esign and implementation of the Integrated System Model (ISM).” Id. at 2, 11. In accordance with the Teaming Agreement, Textron’s initial Phase II proposal designated EDO as its ISM teaming member and included information regarding the ISM as developed by EDO. Marinette’s and O-Tech’s initial Phase II proposals identified Chand L.L.C. (“Chand”) as their ISM teaming member. AR 70153-77, 30034.
On November 7, 2005, following the submission of the initial Phase II proposals, the USCG decided to exclude the Textron-EDO and O-Tech teams from the competitive range, because the contracting officer for the RB-M project determined that their proposals contained “deficiencies for which correction would require a major revision or redirection of their respective proposals.” AR 71829. After being excluded from the competitive range, O-Tech filed its first bid protest action with the court. Ocean Tech. Services, Inc. v. United States, No. 06-151C (Fed.Cl. Feb. 28, 2006). Textron also filed a complaint and notice of related case, Textron, Inc. v. United States, No. 06-161C (Fed.Cl. Mar. 2, 2006), which was consolidated with No. 06-151C. The complaint alleged, inter alia, that, following Textron’s elimination, (1) Marinette teamed with EDO on a revision of its ISM proposal between November 22, 2005, and December 13, 2005, in violation of the Teaming Agreement and (2) the USCG had directed Marinette to contact EDO which would constitute a violation of procurement regulations.
Following initial argument on plaintiffs’ motions for preliminary injunction, on March 16, 2006, the USCG voluntarily agreed to take corrective action. See Ocean Tech. Services, Nos. 06-151C & 06-161C, at 1 (Fed.Cl. Mar. 16, 2006) (the “March 16 Order”). The court retained jurisdiction to permit the USCG to “investigate and analyze the allegations of Textron’s counsel” that the USCG had directed Marinette to “contact EDO, which would constitute a gross impropriety ..., thereby causing Textron to lose a significant competitive advantage in respect of its Integrated Systems Model.” See March 16 Order at 2.
On May 17, 2006, defendant advised that the “Government has concluded that this information does not indicate a violation of the procurement laws occurred here. This information does not substantiate that someone in the Coast Guard leaked sensitive procurement information.” Def.’s Status Report, Nos. 06-1151C & 06-161C, filed May 17, 2006, at 2. Defendant also reported that the USCG “has included both plaintiffs, Textron and O-Tech, in the competitive range, and conducted discussions, in good faith, with O-Teeh, Textron, and MMC ____ and the [USCG] anticipates that it will award a contract to one of the offerors based upon its evaluation of the FPRs.” Id. at 3-4. Subsequently, the court dismissed the pre-award bid protest pursuant to an order dated May 18, 2006. See Ocean Tech. Services, Nos. 06-151C & 06-161C, at 2 (Fed.Cl. May 18, 2006) *289 (order directing entry of judgment). On June 5, 2006, Textron submitted a Status Report, filed by leave of court, making its record that defendant failed to “assess the exclusivity of Textron’s teaming agreement with EDO” and stating that “[djefendant did not accomplish this objective, as directed by the Court, and Textron reserves its right to protest based on this issue in the future.” Textron’s Status Report, Nos. 06-151C & 06-161C, filed June 5, 2006, at 2. 6
Marinette, sometime between the dismissal of the pre-award bid protest and the submission of the FPRs, teamed with EDO to revise its ISM proposal before submitting its FPR. Marinette submitted a FPR that included ISM materials that were generated using EDO’s assistance. Subsequently, Textron filed its second bid protest in the Court of Federal Claims on July 13, 2006, alleging (1) that the USCG failed to take appropriate corrective action following dismissal of the pre-award bid protest on May 22, 2006; and (2) the USCG interfered with the Textron-EDO exclusive Teaming Agreement by allowing sensitive procurement information to be disclosed. Textron requested injunctive relief in the form of (1) reinstatement of Textron into the competitive range; (2) an injunction prohibiting the USCG from making an award to Marinette; and (3) an award of attorneys’ fees and costs.
1) Corrective Action
Textron argues that the corrective action taken by the USCG, after readmitting Tex-tron and O-Tech into the competitive range, failed to redress the harm caused by the USCG’s improper exclusion of Textron from the competitive range. Specifically, Textron contends that the USCG failed to discount Marinette’s reliance on EDO in its FPR, even though the USCG was aware that Tex-tron and EDO had entered into an exclusive Teaming Agreement. By failing “to [sic] inform Marinette that it would not receive any credit if it relied on EDO or information provided by EDO in Marinette’s subsequent proposal,” Textron’s Br. filed Aug. 25, 2006, at 3, Textron argues that the USCG failed to take appropriate voluntary corrective action in effectuating Textron’s reinstatement into the competitive range. Textron argues that the USCG’s action was flawed because (1) the USCG’s voluntary corrective action was insufficient in addressing the terms of the March 16 Order; and (2) the exclusivity of the Teaming Agreement was made known to the USCG and defendant after the first pre-award bid protest, so defendant was bound to take this into account when undertaking voluntary corrective action. Textron cites these failures as an abuse of discretion, actions without a reasonable basis, and a violation of applicable procurement rules and regulations.
The Court of Federal Claims has jurisdiction to review the propriety of corrective actions made subsequent to a pre-award bid protest. See ManTech Telecommunications & Info. Sys. Corp. v. United States, 49 Fed.Cl. 57 , 65 n. 13 (2001), aff'd, 30 Fed. Appx. 995 (Fed.Cir. Mar.18, 2002) (reviewing proposed corrective action for improprieties); see also 28 U.S.C. § 1491 (b)(1).
Textron argues that the USCG’s voluntary corrective action was insufficient to address the terms of the March 16 Order by which the court dismissed the case, retaining limited jurisdiction to monitor the USCG’s investigation of Textron’s allegations of impropriety. Textron insists that the “USCG was required to take reasonable corrective action to resolve the harm caused by its corrective action.” Textron’s Br. filed Aug. 25, 2006, at 10-11. The language of the order deflates this assertion, as it provides that defendant “intends to take corrective action by reopening discussions with the three remaining offerors as to their technical proposals.” March 16 Order at 1. Contrary to Textron’s argument, the March 16 Order states that the USCG merely would “take corrective action by reopening discussions *290 with the three remaining offerors as to their technical proposals.” Id. at 1 .
Textron also argues that the exclusivity of the Teaming Agreement was made known to the USCG subsequent to the first pre-award bid protest and that the USCG was bound to take this into account when undertaking voluntary corrective action. Based on a failure to expurgate from Marinette’s Phase II proposal any technical assistance that EDO provided to Marinette, Textron indicts the evaluation of its FPR as inflicting a competitive disadvantage. The March 16 Order required that the USCG “analyze and investigate the allegations of Textron’s counsel,” which entailed review of the Teaming Agreement. March 16 Order at 2. Thus, the USCG was provided notice of the existing Teaming Agreement prior to the voluntary corrective action.
Textron’s argument first relies upon the exclusivity of the Teaming Agreement between Textron and EDO, which was entered into on May 20, 2005. The Teaming Agreement includes an exclusivity provision at section 7.1, which reflects the parties’ agreement “not [to] actively participate in other team efforts that are competitive to this Agreement nor compete independently for work covered by the Program during the term of this Agreement.” PX (Textron) 10 at 6. The Teaming Agreement also provides for the termination of the agreement in section 5.1(b) upon “[n]otice that the EDO/[Textron] team has been eliminated from consideration for award of a contract for any solicitation issued for the Program.” Id. Should the Teaming Agreement be subject to termination, section 5.2 further states: “[E]ither party shall be free to pursue its individual technical approaches in association with the successful contractor or a third party.” Id. Thus, while the terms of the Teaming Agreement establish that Tex-tron and EDO at one time committed to be exclusive partners, the exclusive agreement terminated upon notice of elimination of the Textron-EDO team from consideration. 7 The Teaming Agreement did not address what effect, if any, a bid protest action or readmission to competitive range would have on the Teaming Agreement.
To further complicate matters, Textron has submitted evidence that EDO voluntarily recommitted itself on two occasions to maintaining exclusivity with Textron by virtue of its correspondence. On January 10, 2006, Gary Nelson, General Manager of EDO, sent an email to Charles Bongard, Director of Contracts for Textron, stating:
EDO Professional Services will honor all terms and conditions of Textron’s teaming agreement of May 26, 2005 ..., should the Government Accounting Office (GAO) decide in favor of Textron’s protest. Absent a successful protest, the termination clause in paragraph 5.1 of the Teaming Agreement shall be enforced.
AR 90626. Second, in a letter dated March 29, 2006, Michael Sepelyak, Director of Contracts for EDO, made a similar statement to Mr. Bongard at Textron regarding the exclusivity of the teaming agreement:
EDO is pleased to commit to an exclusive arrangement with Textron for the U.S. Coast Guard RB-M proposal and will provide to Textron ILS and ISM support ser-vices____Additionally, EDO has no other formal teaming relationship with any of the other competitors for this proposal and will refrain from providing any informal assistance to those competitors during the proposal process.
AR 90628.
Textron reasons that its improper exclusion by the USCG was unforeseeable and that Textron justifiably assumed that the USCG would not improperly exclude Textron from the competitive range. Textron does not view itself as obligated to anticipate the USCG’s improper exclusion, and thus “Mari- *291 nette’s ability to access EDO was the result of [the] USCG’s improper actions, not of a[n] inadequately drafted teaming agreement.” Textron’s Br. filed Aug. 25, 2006, at 11. To support this novel proposition, Textron has cited to decisions involving protests before the GAO which state that offerors are not obligated to act “in anticipation of improper actions by the contracting agency,” In re Mine Safety Appliances Co., B-233052, 89-1 CPD ¶ 127, 1989 WL 240331 , and that offerors “may presume that the agency will act properly.” In re Am. Multi Media, Inc., B-293782.2, 2004 CPD ¶ 158, 2004 WL 1900578 ; see also In re Haworth Inc., B-256702, 94-2 CPD ¶ 98, 1994 WL 503284 ; In re Abbott GmbH Diagnostika B-241513, 91-1 CPD ¶ 139, 1991 WL 72839 ; In re Tamper Corp., B-235366.2, 89-2 CPD H 79, 1989 WL 240955 ; In re Dock Express Contractors, Inc. B-227865.3, 88-1 CPD If 23, 1988 WL 226955 . These cases relate to the filing of a defensive bid protest in anticipation of an improper action when an offeror has received some form of informal or formal notification. Therefore, they are not germane to the issue of whether the Teaming Agreement defines the parties’ legal commitments irrespective of subsequent dealings, assuming that the USCG knew, or should have known, about them. While the cited GAO decisions provide support for Textron’s ability to challenge improper agency action that ignored the Teaming Agreement or EDO’s subsequent recommitment to Textron, they do not advance Textron’s argument that the USCG acted contrary to either interest.
Textron nonetheless contends that the USCG was required to neutralize the competitive advantage that Marinette gained from teaming with EDO because it was the result of improper agency action, citing to other GAO decisions. See, e.g., In re Ford Aerospace Corp., B-239676, 91-1 CPD ¶ 260, 1991 WL 73108 ; In re Minotaur Eng’g, B-259326, 95-1 CPD ¶ 157, 1995 WL 132369 ; In re Smith & Wesson B-232681, 89-1 CPD ¶ 134, 1989 WL 253745 ; In re Computer Sciences Corp., B-190632, 79-2 CPD ¶ 102, 1979 WL 12191 . Each of the cited decisions is distinguishable from Textron’s, as each involves a finding or admission of direct prejudice as a result of agency action. See Burroughs, 617 F.2d at 596-97 (discussing the non-binding nature of Comptroller General decisions). For example, in Ford Aerospace, B-239676, 91-1 CPD ¶ 260, a prior GAO protest decision required the Department of the Navy to reissue a request for proposals due to improprieties in the evaluation of initial proposals. The Navy imposed a $13.1 million penalty on all offerors other than the initial proposal awardee, which substantially and directly prejudiced all other offerors. Id. In Smith & Wesson, B-232681, 89-1 CPD ¶ 134, the Army intended to add “generic” and other costs to each of the offerors except for the incumbent entity after the Army had been ordered to issue a new RFP as the result of a prior protest. The GAO found that assigning the additional costs to all non-incumbent offerors was improper because it was a direct competitive disadvantage imposed by the Army. Id. at *4, *8. The GAO therefore required the Army to amend the solicitation to “omit ‘generic’ and other costs from the evaluation of price proposals.” Id.
In contrast to Smith & Wesson, B-232681, 89-1 CPD 11134, the USCG reinstated Tex-tron into the competitive range pursuant to a voluntary correction, not in response to a finding of improper action. Any injury inflicted upon Textron occurred because of EDO’s actions, not because of any action on the part of the USCG. While the USCG may have been made aware of the nature of the Teaming Agreement, Textron did not demonstrate that Textron was harmed as a direct result of action by the USCG. 8
*292 2) Potential disclosure of source selection information
Between March 16, 2006, and May-18, 2006, the court retained jurisdiction to investigate allegations that the USCG had disclosed proprietary information, ordering the USCG to investigate whether it had “directed [Marinette] to contact EDO, which would constitute a gross impropriety.” March 16 Order at 2. Cmdr. Jerry Doherty, currently Commanding Officer of the RB-M Project Resident Office, became aware of a rumor that “Textron believed the identity of its ISM subcontractor had been divulged to Marinette.” Decl. of Cmdr. Jerry Doherty, Oct. 16, 2006, H 3. 9
Because of the seriousness of the subject of the rumor [Cmdr. Doherty] initiated and conducted an informal investigation into whether there was any basis for the rumor. [Cmdr. Doherty] conducted this informal investigation by briefly meeting and talking with those key members of the SEB [Solicitation Evaluation Board] organization who would have been privy to the subject information. Based upon this informal investigation, [Cmdr. Doherty] concluded that there was no evidence to support the rumor.
Doherty Decl. 113. After the court ordered Textron and defendant to investigate allegations of impropriety and charged both with the task of making a formal investigation, the RB-M team met to discuss Textron’s assertions. Doherty Decl. 114. At this meeting Cmdr. Doherty was “appointed to pursue an investigation pursuant to the PEP Security Plan, to determine if further action was necessary.” Id.
On March 24, 2006, [Cmdr. Doherty] sent an e-mail ... to RB-M Team members (present and past), outlining Tex-tron’s allegation and requesting that each member contact [Cmdr. Doherty] about whether they had any information that would shed light on this serious allegation. [Cmdr. Doherty] also met with those RBM Team members and ex-team members who would most likely be able to assist in identifying any unauthorized disclosure of source selection information.
Id. H 5. As a result of this investigation, on May 17, 2006, defendant reported that “information does not substantiate that someone in the Coast Guard leaked sensitive procurement information, such as the identity of Textron’s ISM subcontractor, EDO.” Def.’s Status Report, Nos. 06-151C & 06-161C, filed May 17, 2006, at 2. The investigation disclosed indications that EDO was seeking information on how it performed in the RBM evaluation:
In one specific case, Ms. Wroton advised [Cmdr. Doherty] that she had been approached by EDO representatives in an attempt to obtain information on how well EDO had fared regarding the evaluation of Textron’s ISM proposal, and Ms. Wroton had appropriately explained to EDO that the terms of her Non-Disclosure agreement prohibited her from giving any evaluation information whatsoever.
Doherty Decl. II5.
Significantly, the March 16 Order directed the USCG to “investigate and analyze the allegations of Textron’s counsel,” while Tex-tron was ordered to make available “all individuals, including those from EDO and the Coast Guard, with personal knowledge of the allegations related by Textron’s counsel ... for one joint in-person interview with counsel and representatives of [O-Teeh], Marinette, the [USCG], and the Department of Justice.” March 16 Order 11113, 3.2. The court also indicated that subpoenas would be issued “upon request.” Id. 113.2.
According to defendant’s May 12, 2006 Status Report, after the March 16 Order was entered, Textron identified employees of EDO that it wanted to interview. Def.’s Status Report, Nos. 06-151C & 06-161C, filed May 17, 2006, at 1-2.
On March 20, 2006, a telephone conference was held which involved attorneys for the *293 Government, Textron, [O-Tech], [Mari-nette], and EDO. During the conference, EDO’s attorney represented what the EDO employees who had been identified by Textron’s attorney, would say if they were interviewed with regard to this matter. Following this conference, Textron’s counsel indicated that he wanted to proceed with the interviews, and the interviews were scheduled for April 3, 2006. However, on March 30, 2006, Textron’s counsel cancelled the interview.
Id. at 2. Textron has not disputed these statements. According to Marinette’s counsel, an e-mail dated November 22, 2005 (the “November 22 e-mail”), was read to counsel in the March 20, 2006, conference call evidencing that EDO had contacted Marinette, not vice versa. The e-mail in question was sent from Craig A. Proulx of EDO to A1 Bernard at Marinette on Tuesday, November 22,2005, at 5:30 p.m. and states:
Al,
A very good friend, Eric Midboe gave me your e-mail address. I am trying to contact the correct person at Marinette about the USCG RBM Program. I was the person who developed and wrote the ILS section of the RBM proposal for Textron Marine. I also fulfilled the Integrated Systems Model (ISM) portion of their proposal. The company I work for (EDO Corporation) developed a Life-cycle Logistics management information system (24/7 web portal) that meets all of the ISM requirements of the USCG RBM RFP. I have left a message with Stain Laired about this. I also found out that we were the only company that passed the RBM ILS and ISM requirements. EDO would like to speak with you about assisting you with your ISM requirements. The system we have is called Logistics Engineering Management System (LEMS). See attached file. It fulfills every one of the RBM ISM requirements. We would like to demonstrate that fact to you. Thank you,
Craig A Proulx
EDO Corporation
703 824^605 w
703 216^974 c
PX (Textron) 34 (The November 22 e-mail was added to the administrative record on September 21, 2006). Textron maintains that it only became aware of the text of this e-mail on September 15, 2006, when Mari-nette filed a motion to supplement the administrative record with the November 22 email and, therefore, could not have investigated it before the court dismissed the earlier protest. According to Textron, the e-mail supports an inference that the USCG allowed sensitive procurement information to be leaked to EDO personnel.
To succeed in its argument that the USCG improperly disclosed sensitive procurement information, Textron faces a high burden. The Government is presumed to act without bad faith. Am-Pro Protective Agency, Inc. v. United States, 281 F.3d 1234, 1240 (Fed. Cir.2002). The standard for demonstrating “well-nigh irrefragable proof’ is high, as it refers to “evidence ‘that cannot be refuted or disproved.’” Id. at 1240 ; see also Galen Med., 369 F.3d at 1331 .
As with the clear and convincing standard, the requirement of “well-nigh irrefragable proof’ also sets a high hurdle for a challenger seeking to prove that a government official acted in bad faith: In the cases where the court has considered allegations of bad faith, the necessary “irrefragable proof’ has been equated to evidence of some specific intent to injure the plaintiff.
Am-Pro Protective Agency, 281 F.3d at 1240 ; see also Knotts v. United States, 128 Ct.Cl. 489 , 121 F.Supp. 630 (1954).
Textron has failed to meet this burden. The court gave Textron leave to conduct interviews with Marinette and EDO personnel. See March 16 Order 112. Textron scheduled interviews with these individuals, only to cancel them days later. See Def.’s Status Report, Nos. 06-151C & 06-161C, filed May 17, 2006, at 2. Now Textron argues that the USCG’s corrective action and investigation were inadequate, asking the court’s leave to pursue another investigation or to grant a permanent injunction, even though Textron failed to avail itself of the opportunity earlier. Counsel for Textron argues that it was reasonable to cancel the interviews that it had *294 scheduled and terminate its initial investigation into the matter for three reasons:
Number one, I had EDO’s counsel’s representation that EDO was mistaken. I had Marinette’s counsel’s representation that EDO was mistaken ... and that Marinette had never received the identity of EDO from Defendant which was what we though was the issue at the time. I had Mari-nette’s counsel’s representation that in fact Marinette did not contact EDO. That it was the other way around. And finally ... [Counsel for Marinette] provide[d] a copy of the [November 22] email, ... to [Counsel for the USCG]. [Counsel for the USCG] reviewed the email, and I had his representation that he saw no evidence of any procurement violation.
Transcript of Proceedings, Textron, Inc. v. United States, No. 06-517C & Ocean Tech. Services, Inc. v. United States, No. 06-523C, at 129 (Fed.Cl. Oct.24, 2006) (“Tr.”).
The court disagrees, finding that Textron had leave to conduct interviews with Mari-nette and EDO personnel as well as subpoena power, but that Textron elected to accept the word of counsel for EDO. This was not reasonable given the circumstances. Even assuming that Textron did not have access to the November 22 e-mail until September 21, 2006, Textron had sufficient information at its disposal that further investigation into the matter would have been reasonable. In addition to the rumors and statements from EDO that persuaded the court to order the USCG and Textron to investigate the allegations initially, Textron also had in its possession a handwritten memo that should have led it to follow through with its concerns more proactively. 10 When the court authorized the investigation, Textron was aware that sensitive procurement information may have been released improperly. Textron had the opportunity to determine whether sensitive information was released to EDO or Marinette in violation of procurement regulations, or whether EDO’s statements regarding their ISM system ranking amounted to a mistake or “sales pitch,” as defendant and Marinette argue. Def.’s Br. (Textron) filed Oct. 16, 2006, at 18.
The USCG investigated the allegations of impropriety and determined that the “information does not indicate a violation of the procurement laws occurred.” Def.’s Status Report filed May 17, 2006, at 2. Although the court finds that the USCG could have conducted a more aggressive, in-depth investigation, Cmdr. Doherty did uncover that EDO had approached Ms. Wroton seeking sensitive procurement information. Doherty Deck 115. The USCG had measures in place to prevent the type of disclosure EDO was seeking when it approached Ms. Wroton, including conflict of mterest/non-disclosure forms that all members of the RB-M team were required to sign. Tr. at 169-70. The USCG placed significant weight on the nondisclosure forms, and the court cannot find that it was unreasonable for it to do so.
The only inference that can be drawn from the e-mail, to which Textron argues that it did not have access to during the pre-award bid protest, is that EDO was seeking information about its ISM program, and in the process EDO discovered or inferred some correct and some incorrect information. 11 This is not enough to overcome the presump *295 tion that the Government does not act in bad faith. Am-Pro Protective Agency, 281 F.3d at 1240 .
The court agrees with defendant that if Textron wanted to challenge the corrective action or the adequacy of the investigation, several options were presented: (1) object to the corrective action prior to dismissal of the earlier protest; (2) file a motion for reconsideration; (3) file an appeal of judgement in the prior protest; or (4) file a new timely protest. See Def.’s Br. (Textron) filed Oct. 16, 2006, at 5. As Textron did not take any action, it “acquiesced in that result” and failed to raise the issue in a timely manner. Id. at 20. It is apparent that Textron had reservations about the adequacy of the investigation even at that time, since it filed its own Status Report on June 5, 2006, but at the same time did not investigate fully when given an opportunity. Accordingly, the court finds that Textron has waived its right to pursue the issue in this bid protest.
B. Technical evaluation of offerors’ RB-Ms
On July 5, 2005, the USCG issued the PEP describing the evaluation process and procedures for reviewing Marinette’s, Textron’s, and O-Tech’s Phase II proposals. AR 00600. The Source Selection Organization (the “SSO”), the body responsible for procuring the RB-Ms for the USCG, consisted of four “organizational levels”: (1) the Source Selection Authority (the “SSA”); (2) the Competitive Acquisition Management Panel (the “CAMP”); (3) the Source Evaluation Board (the “SEB”); and (4) the Proposal Evaluation and Analysis Group (the “PEAG”), which includes the Non-Price Evaluation Team (the “NPET”) and the Price Evaluation Team (the “PET”). Am-Pro Protective Agency, Inc. v. United States, 281 F.3d 1234, 1240 (Fed.Cir.2002). AR 00602. The PEAG Co-Chairs were the “conduit between the SEB and evaluation teams when such transmittal [was] proper.” AR 00603.
In accordance with section M.4 of the Phase II Solicitation and section D of the PEP, all offeror’s proposals were evaluated in four technical areas: (1) management; (2) systems engineering; (3) mission effectiveness; and (4) support. AR 00999, 00603-04. The PEP directed the NPET to evaluate each proposal based on its individual merit and to “[c]onsider the portion of the proposal that relates directly to the factor or subfactor being evaluated, but [ ] not [to] limit review to that section only. [And to] [cjonsider all information provided in the proposal ... as well as independent research and input for consultants.” AR 00619. The four Non-Price factors were evaluated based on the following subsections:
Factor_Elements_
1. Management a) Organization b) Production Capability and Facilities c) Planning and Scheduling _d) Production Labor Force_
2. Systems Engineering a) Integrated Systems Approach b) Technical Capability c) Human Engineering Design d) Reliability and Supportability e) Maintainability f) Design for Lowest Life Cycle Cost g) Testing and Validation h) Configuration Management i) Integrated Systems Model j) Risk Management_
a) Mission Capability b) Performance [Range] 12 3. Mission Effectiveness
*296 c) Construction
d) Systems and Equipment
4. Support a) Interim Contractor Logistics Support (ICLS)
b) Data Tracking
c) Field Support
AR 00618.
The PEP directed each NPET member to evaluate independently each proposal before meeting other team members. AR 00619-21. Section J instructed evaluators first to identify and document each proposal’s strengths, weaknesses, significant weaknesses, deficiencies, and ambiguities. AR 00619. After exploring these factors, the evaluators were required to identify, evaluate, and document the risks associated with the proposal, taking special care to “distinguish between [the] risk of unsuccessful contract performance, which would be the result of a flaw in the proposal and evaluated as a component of a weakness or significant weakness, and the risk associated with the evaluator’s confidence in an offeror’s ability to successfully perform the technical effort described.” AR 00620. Subsequent to individual evaluations, the NPET team members were directed to “generate a consolidated list of strengths, weaknesses, deficiencies and risks for each proposal based on team consensus.” AR 00621. From this consolidated list, the NPET was to reach “a consensus of each proposal’s merits and risks ... and assign both a technical and risk rating [for each evaluation factor].” AR 00621.
Section E of Appendix Three defines the important evaluation terms, as follows: (1) A “strength” is “[a]n element of the proposal that exceeds a requirement of the solicitation in a way that is beneficial to the Government;” (2) a “weakness” is “[a] flaw in the proposal that increases the risk of unsuccessful contract performance;” (3) a “significant weakness” is “[a] flaw in the proposal that appreciably increases the risk of unsuccessful contract performance;” (4) a “deficiency” is “[a] material failure of the proposal to meet a requirement or a combination of significant weaknesses that increase the risk of unsuccessful performance to an unacceptable level;” (5) a “risk” is “[t]he evaluator’s confidence in an offeror’s ability to successfully perform the technical effort described in its proposal.” AR 00616.
In addition to the general evaluation terms defined above, each technical factor was assigned a “technical rating” of either “blue” (superior), “green” (satisfactory), “yellow” (marginal), or “red” (unsatisfactory). AR 00617. The PEP defines these terms, as follows:
Color Code Adjectival Rating Definition
Blue Superior Exceeds the requirements in a way which yields significant benefits to the Government; weaknesses, if any, are of small impact and NO significant weaknesses or deficiencies.
Green Satisfactory Meets all requirements; proposal offers no significant benefits beyond the stated requirements yet NO significant weaknesses or deficiencies exist.
Yellow Marginal Fails to meet minimum requirements or has one or more significant weaknesses. Deficiencies and significant weaknesses are correctable without major revisions to the proposal.
*297 Red Unsatisfactory Fails to meet the requirement; one or more deficiencies for which correction would require a major revision or redirection of the proposal.
AR 00617.
Finally, each technical proposal was assigned a risk rating of either “High,” “Moderate,” or “Low.” E.g., AR 40756; 00617. The PEP defines the risk ratings, as follows:
Risk Level Definition
High (H) The proposed approach is likely to cause significant disruption of schedule, increase in cost, or degradation of performance even with special contractor emphasis and close government monitoring.
Moderate (M) The proposed approach can potentially cause some disruption of schedule, increase in cost, or degradation of performance. However, special contractor emphasis and close government monitoring will probably be able to overcome difficulties.
Low (L) The proposed approach has little potential to cause disruption of schedule, increase in cost, or degradation of performance. Normal contractor effort and normal government monitoring will probably be able to overcome difficulties.
AR 00617.
The court must accord an agency’s technical evaluation great deference. As the Federal Circuit cautioned in E.W. Bliss, 77 F.3d at 449 , technical ratings are “minutiae of the procurement process ... which involve discretionary determinations of procurement officials that a court will not second guess.” Id. at 449 ; see also Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1058 (Fed.Cir.2000) (“The arbitrary and capricious standard applicable here is highly deferential.”). “ ‘In reviewing [plaintiffs] protest of the agency’s technical evaluation and decision ... we will not evaluate the proposal anew, but instead will examine the agency’s evaluation to ensure that it was reasonable and in accord with the evaluation criteria listed in the solicitation.’ ” CCL Serv., 48 Fed.Cl. at 120 (quoting In re Beneco Enterprises, Inc., 70 Comp. Gen. 574 , 576 (1991)).
The above-discussed factors were evaluated twice in the course of the RB-M procurement—once in Phase I and once in Phase II. Naval Sea Systems Command (“NAVSEA”) performed Phase I testing of the RB-M test boats. The purpose of these evaluations was to “objectively and subjectively evaluate the test craft to define the physical characteristics and ensure conformance to the purchasing specification.” AR 50260. To these ends NAVSEA conducted measurements and in-water tests of RB-M prototypes manned by NAVSEA personnel. E.g., AR 50259. Qualitative evaluation criteria, such as seakeep-ing and safety, were evaluated on the basis of crew member comments after the test runs. AR 50369. Technical data was also compiled, both before and during test runs, to allow for quantitative analysis of factors such as range, top speed and craft weights. E.g., AR 50107. NAVSEA issued two Phase I test reports.
Phase II testing was conducted by CDI Corporation (“CDI”). Unlike NAVSEA, CDI did not rely on in-water tests, but calculated factors, such as range and hull performance, using technical measurements and computer models. E.g., AR 01062. CDI’s Phase II tests calculated the effects of material changes to the prototypes proposed after NAV SEA’s Phase I tests.
Plaintiffs point to errors in the USCG evaluation of Marinette’s proposed RB-M that *298 constitute irrational agency action with respect to (1) range, (2) seakeeping ability, and (3) structural integrity. Plaintiffs also dispute USCG’s technical evaluation of their proposals on seven different grounds: (1) Plaintiffs contend that the USCG applied an unstated solicitation requirement to their vessels; (2) Textron disputes the USCG’s evaluation of its model testing; (3) Textron insists that the USCG irrationally evaluated its scale model test data; (4) Textron contends that its battery charging system was irrationally assigned a deficiency; (5) O-Tech argues that the USCG irrationally evaluated the tendency of its vessel to heel outboard; (6) O-Tech complains that the USCG irrationally and in violation of the solicitation did not allow it to submit video evidence; and (7) O-Tech argues that the USCG irrationally evaluated its engine room access. The merits of each of these arguments are addressed serially.
C. Technical requirements of Marinette’s proposed RB-M
1. Range Requirement
The Phase II Solicitation requires the USCG to consider each proposed RB-M’s range capabilities as part of its evaluation of the proposed RB-M’s Performance. AR 00618; AR 00991. The Phase II Solicitation specifies that Performance is an element of the Mission Effectiveness factor, one of the four non-price areas that the SSA considered when it made its decision to award the Phase II contract to Marinette. AR 00618; AR 00991. The Phase II Solicitation states: “The RB-M shall have a range such that it can operate continuously for at least 250 nautical miles [(“NM”)] at 30 knots starting in the Full Load Condition ... with a 10% fuel reserve in calm water.” AR 00875. Plaintiffs argue that the USCG was unjustified in determining that the Marinette prototype met the RB-M range requirements. Plaintiffs insist that Marinette’s range calculations were inherently flawed and the USCG’s decision to rely upon them was against the great weight of testing data. 13
Marinette’s ability to meet the USCG’s range requirement has been in question since Phase I. NAVSEA conducted two sets of tests on all three offerors’ Phase I test boats. NAVSEA issued two reports on Marinette’s Phase I test boat: the Response Boat-Medium (RB-M) Acceptance Report—MMC (“Marinette’s Acceptance Report”), issued in July 2004 and the Marinette Marine Corp. Response Boat-Medium Performance Test Report (“Marinette’s Performance Report”), issued in May 2004. The Phase I NAVSEA tests of Marinette’s Phase I test boat range capabilities 14 were inconclusive. NAVSEA reported two markedly different ranges for the Marinette test boat in the Full Load Condition: [ ] in Marinette’s Acceptance Report, AR 50182, and [ ] in Marinette’s Performance Report, AR 50116. The accuracy and support for these range calculations were the focus of plaintiffs’ attack on the USCG’s determination that Marinette met the range requirement.
The [ ] figure set forth in Marinette’s Acceptance Report is followed by five pages of supporting calculations, AR 50116-20; the [ ] figure in Marinette’s Performance Report is accompanied only by a single table of supporting data. AR 50182. During briefing it was discovered that this single table of data in Marinette’s Performance Report is the underlying support for other unrelated tests conducted during NAVSEA’s performance testing in Normal Operating Conditions. AR 50117. Ml parties agree that this data mistakenly were placed below the [ ] figure. Tr. at 51. Mthough no party argues that a range of [ ] can be calculated from the data provided, Tr. at 51, the parties vigorously contest the implications of this mistake.
During Phase II, CDI performed an analysis of Marinette’s RB-M range predictions. Unlike NAVSEA, CDI’s analysis did not utilize data gathered through in-water testing; rather, CDI examined engine specifications provided by the engine manufacturer. AR *299 1081-82. CDI’s calculations resulted in a lower range estimate of [ ], AR 1080-83, but the relevance of this figure is disputed. 15
Despite the earlier testing results, in its initial Phase II proposal, Marinette stated that the range of its RB-M was [ ] at 31.7 knots. 16 AR 70217. Emphasizing its concern with Marinette’s range discrepancies, the USCG assigned the label of “weakness” to Marinette’s range calculations, AR 71682, and, during discussions, noted that the “independent analysis does not correspond with the proposal findings.” AR 40007. In its discussion letter of March 17, 2006, the USCG directed Marinette to provide calculations to support the range figures that appear in Marinette’s FPR. AR 40007.
In response to the USCG’s concerns, Mari-nette submitted data that it compiled during additional in-water testing of its modified Phase II test boat. 17 These data demonstrated a fuel-bum rate of [] gallons per hour (“g/h”) at 31.7 knots, resulting in a range of [ ]. AR 401005. Explaining the range difference between the USCG’s independent tests and its own, Marinette, in its response to the USCG’s discussion point, noted that the application of proper trim control can result in range improvements of [ ]. Marinette submitted that, if the “[USCG’s independent analysts] did not account for this fact, the difference in range values that precipitated [the rating of ‘weakness’] is easily explained.” AR 401006; see supra note 13. As a result of these additional data furnished by Marinette, the USCG revised Marinette’s range rating by removing the label “weakness” from Marinette’s prototype proposal. AR 40193.
Plaintiffs insist that the USCG erred in removing the “weakness” label from Mari-nette’s FPR evaluation of range. They contend that Marinette’s range calculations are flawed and that the Marinette RB-M would be unable to meet the USCG’s range requirement had proper calculations been made. Even absent the flaws in Marinette’s range calculations, plaintiffs argue that the USCG improperly relied on data that conflicted with its own Phase I and Phase II test results.
Through their expert, Dr. Roderick A. Barr, President and Technical Director of Hydronauties Research, Inc., plaintiffs argue that Marinette’s range calculation were understated. See Deck of Dr. Roderick A. Barr, Aug. 24, 2006, H2. 18 Dr. Barr notes that, contrary to the USCG’s findings, the [ ] fuel consumption rate provided by Mari-nette in its testing data, AR 401005, is significantly less than the engine manufacturer’s specifications, which show a [ ] propeller consumption rate per engine, or a [ ] total burn rate when both engines are accounted for. AR 20789. See Barr Deck II6. Using the modified fuel consumption rate, as well as the engine manufacturer’s technical data, Dr. Barr mathematically calculates a revised range for Marinette’s RB-M between [ ] and [ ]—at least [ ] short of the USCG’s [ ] requirement. See Barr Deck HIT 2-3, 12-17. Dr. Barr notes that, in addition to being mathematically correct, his conclusions are in line with the independent analysis of CDI, which used its own mathematical formulas to arrive at a similar range for the Marinette prototype. See Barr Deck HH13,17.
Dr. Barr concludes that the combination of the lower-than-realistic burn rate and the assumption of fully optimized trim—an assumption he believes is unrealistic 19 —result *300 ed in a dramatically higher range calculation by Marinette. See Barr Decl. H4. He contends that the Marinette RB-M could meet the USCG’s range requirement only if an extra 26 gallons of fuel capacity were added. Barr Decl. H 20. Accommodating this additional capacity will either require “major change[s] in hull structure” or the addition of an auxiliary tank and the accompanying pumps and gauges which would also result in “significant changes.” Barr Decl. H1120-21. In light of Dr. Barr’s analysis, plaintiffs insist that Marinette’s data do not accurately reflect the performance of its test boat and that the USCG acted irrationally in relying upon this information.
During oral argument O-Tech argued that the FPR data were irrelevant because they were obtained at 31.7 knots and not precisely at 30 knots. Tr. at 98-99. Either through the use of mathematical calculations, in-water tests, or a combination of the two, O-Tech, Textron, NAV SEA, and CDI—every party except Marinette—arrived at a formula by which the range, at any given speed, could be estimated. AR 30447, 30166 (O-Tech); AR 10265 (Textron); AR 50116-20 (NAVSEA); AR 01080-81(CDI). Marinette’s FPR data did not generate such a calculation. Rather, Marinette simply submitted the data that it gathered “by reading the instruments provided by the engine manufacturer which were located in the pilot house.” Decl. of David C. Weed, Sept. 14, 2006, H 6; see also AR 20244-45. Because the Phase II Solicitation did not stipulate a methodology for data-gathering, this court declines to find significance in a 1.7-knot difference between the speed at which data were requested and the speed at which Marinette’s data were recorded.
Apart from the lack of precise measurements at 30 knots with Marinette’s calculations, plaintiffs also contend that the USCG acted irrationally in relying on Marinette’s range calculations. Plaintiffs suggest that the [ ] range estimate in Marinette’s Acceptance Report cannot be considered persuasive because the report contains no indication of the underlying data from which the figure was calculated. If the [ ] figure is disregarded, as plaintiffs argue it should be, the only support for Marinette’s claim that its RB-M can meet the 250-NM range requirement consists of: (1) the data that Marinette provided its FPR (the “FPR Data”) in response to the USCG’s assignment of the “weakness” label to Marinette’s initial Phase II range predictions and (2) Marinette’s explanation that its RB-M failed to meet the range requirement in previous tests only due to improper trim control. AR 401005-06. Plaintiffs charge that, in light of the results of the range testing that occurred throughout the procurement process, it was irrational for the USCG to rely solely on Marinette’s computer-collected data in determining Mari-nette’s RB-M’s range.
Defendant and Marinette take markedly different views of the RB-M evaluation process. Essential to their arguments is the notion that the FPR Data can stand alone and that the FPR Data demonstrate that Marinette’s RB-M meets the range requirement. Marinette reminds the court that the USCG was not required to rely solely upon the reports of its analysts. See Solicitation § L.12.2.4.1, AR 00985 (allowing for inclusion of test-run data). To the contrary, as part of its Phase II proposal, each offeror was required to provide “calculations or other documentation, as needed” to “fully support the proposed RB-M’s capability to conduct the required missions.” AR 00990 (quoting Phase II Solicitation § L.13.5.1).
Marinette also points to section L.13.1.3 of the Phase II Solicitation, AR 00987, which encourages potential contractors to make use of, inter alia, “calculations” to improve the readability of the proposals, and section L.12.2.4.1, which states that “[sjupporting documentation, including calculations, manufacturer’s cut sheets, and test results, shall be provided as required,” AR 00985, as further evidence that not only were supplemental calculations and outside testing proper additions to a proposal, but, once added, they constituted legitimate sources of information *301 for the USCG evaluation teams. See Tr. at 211-15.
Defendant and Marinette emphasize that, with the exception of the contested NAVSEA range estimates, see AR 50182, the figure generated from the FPR Data was the only such calculation based on actual, computer-collected fuel bum measurements, Tr. at 57-58, as opposed to the manufacturer’s “cut-sheet” data. See Barr Decl. 118; AR 1082, AR 20787-96. Both defendant and Mari-nette argue the calculations based on “cut-sheet” data, are wholly irrelevant because they do not display water-jet fuel consumption, the selected method of propulsion for the RB-Ms. See AR 00903. Defendant and Marinette posit that the fact that the USCG elected to grant more consideration to the FPR Data than the other data collected throughout the procurement process was a matter of discretion and does not evidence an irrational or arbitrary decision. Tr. at 20.
Defendant and Marinette also contend that, despite plaintiffs’ strong rebuttal, the data collected during Marinette’s Acceptance Tests, resulting in a range calculation of [ ], are relevant. They contend that those data conclusively demonstrate that Marinette’s RB-M is capable of meeting the USCG’s range requirements. As noted above, neither Marinette nor defendant argues that the Marinette’s Acceptance Report contains the underlying data and calculations to support the range estimate of [ ]. Nevertheless, defendant and Marinette reason that the lack of support for the [ ] figure does not make the estimate irrelevant. Tr. at 49-50. In their view the figure from Marinette’s Acceptance Report is extremely reliable because, similar to the FPR Data, it was taken from direct measurements. AR 50182; Tr. at 47-52. Defendant and Marinette characterize the incorrect underlying data in Marinette’s Acceptance Report as an oversight or mistake that does not taint the figure presented in the report. Tr. at 51.
Marinette argues that differences between the FPR Data 20 and plaintiffs’ contentions that the Marinette test boat cannot meet the range requirement are reconcilable. According to Marinette, the [ ] figure from Mari-nette’s Performance Report, AR 50116, is based on tests where the proper trim control was not applied. Tr. at 217. 21 Marinette contends that the RB-M would have achieved an improvement in range of [ ] bringing the prototype’s range above the 250-NM requirement. See AR 401005-06.
Marinette accounts for the discrepancy between the FPR Data and the range figures of Dr. Barr and CDI by arguing that they both committed the same error while applying the same method for determining range. Def.’s Br. (O-Tech) filed Sept. 22, 2006, at 8. CDI and Dr. Barr calculated the range of Mari-nette’s prototype from the RB-M’s fuel consumption. Barr Decl. H 9; AR 1082(CDI). They obtained the fuel consumption data from the engine manufacturer’s “cut-sheet,” or engine specifications. Barr Decl. If 8; AR 01082(CDI). These specifications provided only propeller fuel consumption data—the amount of fuel consumed when the engine is driving a propeller. AR 20787-96. Dr. Barr and CDI used this data to calculate their range estimates. Barr Decl. Ulf 8-10; AR 01082(CDI). Marinette makes the distinction that, in accordance with the USCG’s specifications, its RB-M is propelled by water-jets, not propellers. AR 00903. “[D]ue to the potentially greater efficiency of a water-jet at theses speeds, it is quite likely that the actual fuel burn rate would be less than indicated by the manufacturer’s data for ‘propeller fuel consumption.’” Marinette’s Br. (O-Tech) filed Sept. 15,2006, at 10. 22
*302 Defendant, through its own engineering expert, David M. Shepard, PE, 23 echoes Mar-inette’s concerns over Dr. Barr’s range calculations. Specifically, Mr. Shepard notes that direct measurement of the fuel consumption of an engine while it is powering a specific boat—the technique used by Marinette to collect its FPR Data—is a far more accurate means of obtaining the fuel consumption data required to calculate range, compared to reliance on the manufacturer’s data-the method used by Dr. Barr. See Decl. of David M. Shepard, PE Oct. 16, 2006, f 7. Specifically, Mr. Shepard notes the manufacturer’s data “do[] not represent the actual conditions, do[ ] not apply to boats propelled by water-jets, and do[ ] not provide the most accurate means of determining fuel consumption.” Shepard Decl. 1111. In fact, Mr. Shepard declares, the manufacturer’s data are most relevant for “heavy, slower craft” and not craft similar to the RB-M. Shepard Decl. 1111. “The bottom line is that, despite Dr. Barr’s concerns, [Marinette] provided a rational methodology for determining the range of its proposed RB-M, and the evaluation team reasonably and correctly found that the range met the requirements.” 24 Shepard Decl. 1Í14.
In resolving this dispute, the big picture plays a role. If everything plaintiffs allege regarding range is correct, the court would be presented with the following scenario. The [ ] figure would be considered irrelevant, leaving the [ ] figure in Marinette’s Performance Report as the only remaining range calculation from Phase I. See AR 50116. The Phase II analysis, providing the [ ] figure, AR 01080, would also remain relevant. Dr. Barr’s calculations, while not revealing any new information, would bolster NAV SEA’s and CDI’s range calculations in both Phases of testing. Marinette replies by offering its FPR Data, as well as its explanation, as to why they differ from the other data collected and the fact that the Phase II Solicitation permitted its reliance on these data.
As noted earlier, in applying the arbitrary and capricious standard of review, the court’s role is not to question the wisdom of the USCG. Bannum, 404 F.3d at 1351 . Instead, the court may only consider whether the agency’s actions lack a rational basis. Id. In the context of a negotiated procurement, this is achieved by determining whether the agency can offer “‘a coherent and reasonable,’” explanation for its actions. Garufi, 238 F.3d at 1332 (quoting Saratoga Dev. Corp., 21 F.3d at 456).
Even taking the position most favorable to plaintiffs, ie., that all of their assertions regarding range are correct, the court cannot conclude that plaintiffs have met their burden of proof. The USCG was justified in asking Marinette to provide additional calculations to support its range estimate. “While the SSA may use reports and analyses prepared by others, the source selection decision shall represent the SSA’s independent judgment.” FAR 15.308. The court finds that the USCG considered the data submitted by Marinette that was contemplated by the Phase II Solicitation and rationally eliminated the weakness label from its evaluation of Marinette’s FPR. The court finds that the USCG was justified in relying on Marinette’s range predictions. The USCG’s range determination is not arbitrary and capricious simply because Marinette’s range estimate is greater than the range estimates submitted by NAVSEA and CDI, given he option pro *303 vided by the Phase II Solicitation to submit computer-generated readings.
2. Seakeeping
Plaintiffs contend that Marinette’s proposed RB-M is incapable of meeting the USCG Phase II Solicitation seakeeping and safety requirements and that the USCG erred by not disqualifying Marinette on this basis. The seakeeping requirement, contained in section 051-2.2 of the Phase II Solicitation, requires that the RB-M must be
safe and controllable at all speeds up to the maximum attainable speed and under all specified loading conditions____ Safe and controllable operation shall constitute operation where craft orientation, motions and accelerations do not pose a hazard to the crew or passengers and the required course can be maintained.
AR 00875. Section 088-3.1 and 088-4.1 of the Phase II Solicitation provide the safety and hazard requirements for the RB-M:
088-3.1 The RB-M system capability shall be such that system safety hazards associated with materiel shortcomings and impact on systems and human performance for all conditions ... are identified and eliminated or reduced to acceptable levels through engineering design and manufacture.
088-4.1 The RB-M system capability shall be such that health hazards associated with, but not limited to, mechanical forces including shock and vibrations; ... are identified and eliminated or reduced to acceptable levels.
AR 00889.
The Phase I NAVSEA crew comments reported an overall positive experience riding in Marinette’s test boat. In reporting its test boat’s seakeeping ability, the NAVSEA report stated:
Crews enjoyed the seakeeping capabilities of this boat. One crew member said, ‘The boat cuts right through the sea state.’ Another said, ‘it’s amazing how well this boat operates in today’s sea state. Nothing in today’s Coast Guard operates like this boat.’ They all felt it was very comfortable in all sea states tested.
AR 50383. Despite the positive feedback Marinette received regarding its seakeeping ability, the NAVSEA test crews noted that the ride in Marinette’s test boat passenger compartment and deck could pose safety concerns. Specifically, the NAVSEA crew comments reported:
In any sea condition other than flat calm, the passenger compartment was very uncomfortable due to the lively ride. Most passengers will elect to stay on deck or wedge themselves in the cabin. Passengers on deck in speeds >20kts were unsafe and ejection of passengers was a major concern.
AR 50385.
CDI Technical Memorandum # 807.001-22, which evaluated Marinette’s initial Phase II proposal, stated that it could not identify any changes made by Marinette to address the Phase I concerns with the uncomfortable ride quality in the passenger compartment of Marinette’s test boat. AR 01085, 01087. The CDI report concluded its discussion of passenger compartment safety concerns by noting that
accelerations will likely continue to be high in the passenger compartment given its forward location in the boat.
The utilization of the interceptor system to optimize trim angle in seaway conditions can manage the severity of the ride to some degree. However, this capability was also available on the test boat, and crew still noted the uncomfortable ride in the forward compartment and the potential for ejection of passengers or personnel outside of the cabin while underway in rough seas.
AR 01088.
In its FPR Marinette responded to the concerns regarding the vertical acceleration measurements in the passenger compartment 25 by stating that it would rework the cabin seating arrangement to provide for *304 more secure handholds and “better placement of individuals occupying the space.” AR 20232. It made clear, though, that the design and nature of the craft restrained it from completely eliminating the risk of passenger ejection: “Due to the eraft[’]s speed and maneuverability, it is possible to eject passengers from the deck at higher speeds. The [General Information Book] for the production craft will clearly address this risk, and provide instructions for mitigating this hazard.” AR 20232; see also AR 20424.
Plaintiffs contend that the concerns raised in the NAVSEA crew comments and CDI evaluation about the ride in Marinette’s RBM show that Marinette’s FPR does not meet the USCG’s Phase II Solicitation requirements. Consequently, plaintiffs press the view that the USCG should have assigned Marinette a “red” rating, thereby disqualifying it from the competition. Specifically, 0-Tech takes issue with the vertical accelerations measured during NAVSEA tests in two positions on the boat: (1) the Coxswain’s Station (the helm) and (2) the Passenger Compartment. It is O-Tech’s contention that vertical accelerations measured in these locations demonstrate both a significant risk of ejection and the potential for severe discomfort.
O-Tech, through its expert in naval architecture Dr. Barr maintains that vertical acceleration in the identified positions exceeds “acceptable” measurements when compared to International Standards Organization (“ISO”) recommended limits. Barr Deck 117.
Dr. Barr found that at both the Coxswain’s Position and in the Passenger Compartment, NAVSEA measurements show vertical accelerations reach the limit for severe discomfort due to seasickness in one-half hour or less. The exposure limit will be reached in one hour in the Passenger Compartment, even in moderate seas, and 2.5 hours in the Coxswain’s Position.
O-Tech’s Br. filed Aug. 25, 2006, at ll(citing to Barr Deck 111126-29). Because the Coxswain’s Position must be manned at all times, the vertical acceleration measured at that location is problematic, in Dr. Barr’s opinion. Id. 117.
With respect to the risk of ejection, defendant and Marinette contend that plaintiffs have overstated the examiners’ concern characterizing O-Tech’s assertions as “sheer hyperbole.” Def.’s Br. (O-Teeh) filed Sept. 22, 2006, at 10. Defendant notes that, at speeds greater than 20 knots, the risk of ejection is present in all small boats and that the deck of the RB-M is not intended to be a passenger area. See Deck of George L. Petrie, Sept. 14, 2006,119. Both parties also question the applicability of determinations made from NAVSEA’s vertical acceleration data. In particular, Marinette notes that “[t]hese accelerations are of extremely short duration, are typical of small craft operating at high speeds in heavy seas, and are not likely to result in ejection.” Marinette’s Br. (O-Tech) filed Sept. 15, 2006, at 14. Marinette goes on to state that such accelerations are mitigated easily by “flexing the knees,” Mari-nette’s Br. (O-Tech) filed Sept. 15, 2006, at 14, and, further, that the crew concerns over ejection were addressed in the initial Phase II proposal by the inclusion of “more secure handholds.” Id. at 16; AR 72238. Finally, regarding Dr. Barr’s specific analysis of Marinette’s vertical acceleration and the risk of ejection, Marinette observes that the acceleration figures used by Dr. Barr were measured during moments of downward acceleration, i.e., when the boat makes contact with the water, and that at no point did the upward acceleration—presumably the type more likely to eject someone—ever reach such extreme levels. Petrie Deck 119.
In addressing O-Tech’s claims concerning the discomfort experienced by individuals in the Passenger Compartment of Marinette’s test boat, both defendant and Marinette respond that the Phase II Solicitation does not require that the boat be comfortable. See AR 00875. Defendant asserts that Marinette addressed concerns over the RB-M’s comfort by “proposing] changes in the compartment’s seating arrangement, and handholds, in its FPR.” Def.’s Br. (O-Teeh) filed Sept. 22, 2006, at 10 (citing AR 20232). Defendant further suggests that Dr. Barr’s analysis is “irrelevant” to the extent that it relies on data collected from instruments attached directly to the RB-M’s hull, thus not considering any beneficial effect that the boat’s *305 shock-mitigating seats might exhibit. Def.’s Br. (O-Tech) filed Sept. 22, 2006, at 10.
Defendant further reminds the court that vertical acceleration, and the concerns raised thereby, is not an independent criterion for evaluating the RB-M. Instead, it is one aspect of the broader evaluation of maneuvering and seakeeping, which, in this procurement, is assessed in its entirety. AR 00991, AR 00886. Defendant argues the court would have to (1) disregard the agency’s discretionary trade-off determination, and (2) find that the entire “maneuvering and seak-eeping” evaluation hinges upon one specific characteristic, in order to sustain plaintiffs’ position. Def.’s Br. (O-Tech) filed Sept. 22, 2006, at 11.
Marinette generally echoes defendant’s arguments regarding plaintiffs’ position on vertical acceleration. Marinette adds that the NAVSEA testing crews were capable of describing what they consider to be a boat that did not meet the safety and seakeeping specifications. Marinette points to NAVSEA’s evaluation of Textron’s RB-M, which was described as “unsuitable for [the USCG] use due to the punishing ride” and likely to “create health problems for its occupants.” AR 50472. Marinette argues the NAVSEA crew’s use of less severe language in describing Marinette’s test boat indicates that the crew did not consider its lack of comfort serious enough to warrant disqualification.
It is plaintiffs’ burden to demonstrate that the USCG acted irrationally by not assigning a disqualifying rating to Marinette’s FPR for maneuvering and seakeeping. Bannum, 404 F.3d at 1351 . At best, plaintiffs have shown that, had the USCG chose to weigh the individual factors of seakeeping and maneuverability differently, it might have reached a different result. The weight attached to individual factors, however, is not for this court to determine. To the contrary, that matter reposes within the discretion of the USCG, and, accordingly, the court defers to the USCG’s exercise of its judgment. The record demonstrates that the USCG had a rational basis for reaching its decision with respect to maneuvering and seakeeping.
3. Structural integrity
Textron contends that the USCG ignored a “serious structural integrity issue[ ]” in Marinette’s proposed RB-M design. Tex-tron’s Br. filed Aug. 25, 2006, at 4. It disparages Marinette’s choice to interrupt its structural support beam with an engine access hatch that compromises the structural integrity of Marinette’s vessel. “Had [the] USCG properly evaluated Marinette’s proposal, and identified structural integrity as a concern, Marinette would have received a deficiency in the area of Construction, rendering it ineligible for award.” Id. at 4. Textron relies on Prof. Alaa Mansour, who declares that “[t]he absence of a continuous center longitudinal girder significantly reduces the amount of material available to support the loads and stresses to which the vessel will be subjected.” Decl. of Alaa Mansour, Aug. 25, 2006, 1131. The shortage of material available for support presumably creates a danger that the vessel will lack adequate torsional stiffness, which may result in hull distortion or a concentration of stress at the corners of the engine, access hatch, or pilot house, potentially causing the deck to crack. Mansour Decl. 111132-34. As a result of these alleged deficiencies, Prof. Mansour predicts that Marinette’s vessel will develop fatigue cracks that will “impair the structural integrity of the Marinette design.” Id. 1136.
The court cannot verify the accuracy of Prof. Mansour’s opinions. As Marinette correctly points out, Prof. Mansour’s sole support for his analysis is a vague statement declaring that he reviewed “portions of the administrative record related to the structural integrity of [Marinette’s] design. In particular [Prof. Mansour] reviewed relevant portions of Marinette’s proposal, as well as the structural integrity analysis conducted by CDI.” Mansour Decl. H 6. Prof. Mansour and Textron fail to provide any data, calculations, or other information to explain how he reached his conclusions. This lack of support frustrates the court’s evaluation of Prof. Mansour’s proffered evidence and cannot constitute the basis for a finding that Mari-nette’s proposed RB-M suffered from any structural integrity deficiencies, or the basis to cite the NPET for not recognizing the *306 purported deficiency. Plaintiffs bear the “heavy burden” of proving that the USCG acted irrationally by a preponderance of the evidence. Garufi, 238 F.3d at 1333 . The court should defer to the agency’s analysis so long as it has substantial basis in fact. See Fed. Power Comm’n v. Florida Power & Light Co., 404 U.S. 453, 463 , 92 S.Ct. 637 , 30 L.Ed.2d 600 (1972); Camp v. Pitts, 411 U.S. 138, 142-43 , 93 S.Ct. 1241 , 36 L.Ed.2d 106 (1973); In re Sang Su Lee, 277 F.3d at 1344 ; see also CCL Serv., 48 Fed.Cl. at 120 . Tex-tron’s submission of a declaration bereft of citation or support in the administrative record does little to further its cause.
In contrast, defendant and Marinette’s experts provide a detailed and methodical explanation for the USCG’s analysis and decision. David C. Weed, Marinette’s expert and one of the principal designers of Marinette’s Phase I and Phase II RB-M, explains how Marinette’s RB-M meets the Phase II Solicitation requirements. See Weed Decl. HIT 4— 11. Mr. Weed states, in part:
The structural design was developed using Lloyds Register Special Service Craft Rules, an internationally accepted mature set of structural design standards. These standards are perhaps the most onerous of the main Classification Society rules when applied to this type of craft ...
Software provided by Lloyds is used to analyze compliance with these standards, as each component in the structural network has an impact on others. This analysis is shown in Appendix H of Marinette’s proposal (Marinette Final Proposal Revision, Technical Book 2 of 4, Appendix H) ... The RB-M overall structure can be considered both as a global and a local structure. The local structure provides the support for shell plating and resists distortion, while the global structure resists the overall loads imposed on the craft and helps resist the bending and twisting.
Weed Decl. HIT 5, 7. Defendant’s expert Mr. Shephard undermines Prof. Mansour’s opinion regarding the need for a “continuous longitudinal girder.” Mr. Shepard states that “[i]t is very common NOT to have a continuous beam running the length of the main deck on centerline. There are numerous examples of this in the [USCG’s] own inventory of boats.” Shepard Decl. U18. Mr. Shepard then cites to three vessels without continuous longitudinal girders that have been in the USCG’s fleet since 1973, 1990, and 1977, respectively. Id. 1118a-c.
Perhaps the most extraordinary aspect of Textron’s position is that its own proposed RB-M has two deck hatches interrupting the longitudinal girder running the length of its deck. See AR 12209. If the lack of a continuous centerline were a genuine problem, as Prof. Mansour contends, then both Textron and Marinette should have been assigned disqualifying ratings. Instead, the USCG penalized neither offeror for the interruption of the longitudinal girder.
Finally, Textron’s contention that the USCG failed to evaluate Marinette’s RB-M is completely without merit. The USCG addressed the structural integrity of Mari-nette’s vessel. As Mr. Shepard states:
In the case of [Marinette], their proposal provided a narrative describing [its] hull structure and indicating how it was based on the successful design used for the Test Boat [Proposal Section 4.7, AR 20248-20250] and then further supported this with drawings [Proposal Appendix K, AR 20809-20812] and calculations [Proposal Appendix H, AR 20721-20779] that show that the proposed boat fully complies with the structural requirements. [Spec 100-1, AR 00893]
The NPET appropriately concluded that there were no significant issues with regard to the proposed structural design of [Marinette’s] boat. This was not noted in [the] NPET report since compliance with requirements does not generate a Strength, Weakness, Significant Weakness or Risk as defined by the PEP [AR 00619-00620].
Shepard Decl. HH 22—23 (record citations in original).
The evaluation of the structural integrity, although not discussed in any detail, was noted on the NPET’s Evaluation Worksheet, consistent with the PEP instructions. AR 40169. Furthermore, Marinette’s FPR indicates that significant testing was conducted *307 by the USCG during Phase I: “Throughout the Builder trials and USCG test program, the Prototype structure exceeded all the requirements of the specification____ [A]part from the production driven changes there is no substantial difference between the structural design requirements of the Prototype and the production craft.” AR 20248. Because Marinette did not make significant changes to its RB-M between Phase I and Phase II, as all parties have agreed, the USCG was justified in relying on Phase I prototype test results and other information contained in Marinette’s RB-M proposal. Thus, the USCG satisfied its obligation to provide a “coherent and reasonable explanation” of its evaluation of Marinette’s Phase II proposal. Garufi, 238 F.3d at 1332 (quoting Saratoga Dev. Corp., 21 F.3d at 456).
D. Evaluation of plaintiffs’ proposed RB-Ms
1. Unstated Solicitation Requirement
Plaintiffs assert that the USCG applied an “unstated solicitation requirement” to their respective proposals, requiring offerors to produce a full-scale prototype or submit data from the result of prototype testing, a requirement not stated in the Phase II Solicitation. See O-Tech’s Br. filed Aug. 25, 2006, at 12; Textron’s Br. filed Aug. 25, 2006, at 18. They take the position that Marinette’s ability to rely on test data gave Marinette an unfair and inequitable advantage over the other offerors.
The Competition in Contracting Act, 10 U.S.C. § 2305 (a)(1)(A) (2000), requires solicitations for competitive proposals to include “all significant factors and significant subfactors which the head of the agency reasonably expects to consider in evaluating ... competitive proposals ... and the relative importance assigned to those factors and subfactors.” 10 U.S.C. § 2305 (a)(2)(A)(I) (2000); see also, FAR 15.304(d) (restating quoted language). “It is hornbook law that agencies must evaluate proposals and make awards based on the criteria stated in the solicitation.” Banknote Corp. of America, Inc. v. United States, 56 Fed.Cl. 377, 386 (2003), aff'd, 365 F.3d 1345 ; see also Alfa Laval, 175 F.3d at 1368 . “It is fundamental that offer-ors must be advised of the bases upon which their proposals will be evaluated. Therefore, an evaluation based on unstated minimum requirements is improper.” In re Omniplex World Serv. Corp., B-290996.2 2003 CPD ¶ 7 at *3, 2003 WL 213901 (citations omitted); see also In re Kumasi Ltd/Kukawa Ltd., B-247975.7, 93-1 CPD ¶ 352, 1993 WL 145268 .
A full understanding of plaintiffs’ allegations requires a detailed explication of the RB-M procurement process. As previously discussed, during Phase I, Marinette, Tex-tron, and O-Tech were awarded contracts to build test boats, which were tested by the USCG’s Mission Effectiveness Team. AR 00701. Crew comments were provided from NAVSEA’s in-water testing. AR 00991. The Phase II Solicitation, which was issued pursuant to a Justification for Other Than Full and Open Competition invited Mari-nette, Textron, and OTech to compete for the award of the Phase II contract, which included the option for production of up to 180 boats, as well as various technical and support services to be provided over a period of up to eight years. AR 00586, AR 01663. The Phase II Solicitation changed some of the design specifications from Phase I, including increasing the beam width from fourteen to fifteen feet. Compare AR 5003 with 00876. Phase II also allowed offerors to redesign their RB-Ms and to make changes based on the USCG’s evaluation and crew comments. See AR 00991 (requiring each offeror to submit copies of Mission Effectiveness and Supportability Phase Report for its RB-M test boat and respond to every item).
Both O-Tech’s and Textron’s Phase I test boats manifested serious technical shortcomings that the USCG Mission Effectiveness Team identified during the Phase I evaluation. AR 01223; see AR 30293 (O-Tech Proposal listing Phase I crew comments and its proposed changes for Phase II); AR 30297 (same); AR 50464 (Mission Effectiveness and Supportability Phase Report on Textron’s Phase I test boat). For example, Textron’s Phase I Mission Effectiveness and Supportability Phase Report reflects that the USCG test teams found problems with the seakeep-ing ability of Textron’s test boat, including a tendency to “spin out,” limited visibility from *308 the helm, noise, and access to the engine. AR 50464. Likewise, O-Tech’s prototype had difficulty meeting the Phase I Solicitation speed requirements, and the test crews reported that the vessel’s hull suffered from “fiexing/twisting” in choppy sea conditions. AR 50424.
As a result of the problems identified by the test crews, both O-Tech and Textron submitted Phase II proposals that differed significantly from their Phase I prototype boats. As CDI Technical Memorandum # 807.001-4 indicates, O-Tech made changes to the overall beam and demi-hull beam, refined bow lines, and modified the propulsion system to include a new propulsion engine make/model. AR 01203. Some of the design changes proposed in Textron’s FPR included “[r]evising the hull shape for improved seakeeping and ride quality; [enlarging the deckhouse for improved human factors and self-righting buoyancy; Accommodating weight growth for improvements such as additional insulation for noise reduction, the Series 60 Engines, and heavier bottom plating.” AR 10213.
The Phase II Solicitation did not require offerors to build a full-scale test boat or submit data from a full-scale prototype, although section M.4.3 of the Phase II Solicitation informed offerors that the USCG would evaluate all of the information provided in their proposals. “When conducting the evaluations, the Government will consider data provided by the Offeror in the proposal. The evaluation of all factors will also assess the risk associated with the proposal” AR 01000 (emphasis added). Section L.12.1.6 of the Phase II Solicitation required offerors to produce a paper proposal including “convincing documentary evidence” relating to any promise of performance. AR 00983. Offer-ors were required to include the Mission Effectiveness and Performance Test Reports from the in-water testing of the Phase I prototype and to discuss, as part of their FPR proposals, any deficiencies or weaknesses discovered in the earlier rounds of prototype testing. AR 00991. The USCG encouraged offerors to “make reference to the results of the Test Boat evaluations [and][p]rovide calculations or other documentation, as needed, to support the narrative.” AR 00990.
As part of the evaluation process, the USCG verified the reliability and accuracy of the information that each offeror presented in support of its proposal. Defendant evaluated Marinette’s, O-Tech’s, and Textron’s testing methods and concluded that plaintiffs’ testing methods were not convincing. In contrast, in its decision letter dated June 21, 2006, the USCG found Marinette’s proposal and supporting data persuasive. AR 40441-42. The USCG’s confidence in Marinette’s proposal stemmed, in part, from Marinette’s ability to rely on its Phase I test boat, which was “recognized during the Prototype testing period for its superior handling, control, and sea keeping performance.” AR 20224.
Both O-Tech and Textron argue that the USCG implicitly applied an unstated solicitation requirement in evaluating their proposals, because only Marinette was able to rely on its Phase I test boat. The court disagrees. As defendant argues its reply brief, Textron, O-Tech, and Marinette all had the same three options when submitting their Phase II proposals: “(1) [S]ubmit a Phase II proposal based closely on their Phase I boat; (2) submit a Phase II proposal based on a design that varied materially from their Phase I design; or (3) decline to submit a Phase II proposal.” Def.’s Br. (Textron) filed Oct. 16, 2006, at 2. Marinette’s choice to utilize a design that did not change substantially from its Phase I design was a predictable result of its superior performance in Phase I. In contrast, O-Tech and Textron faced a more difficult business decision in preparing their Phase II proposals because their test boats had not performed as well as Marinette’s boat.
As defendant points out, “Textron could have adopted a similar approach for its Phase II design, but opted for a more substantial redesign, because serious shortcomings were identified in several important areas during the [USCG’s] Phase I evaluation.” Def.’s Br. (Textron) filed Sept. 22, 2006, at 20; see also Def.’s Br. (O-Tech) filed Sept. 22, 2006, at 13 (similar but with respect to O-Tech, also stating, “O-Tech knew—or should have known—that, because of this departure *309 from its Phase I design, it had a bigger burden when it came to convincing the [USCG] that its Phase II proposal would meet the contract requirements”).
Both plaintiffs quote selectively from the administrative record to demonstrate that the USCG somehow imposed an unstated requirement. 26 Moreover, plaintiffs argue that the USCG’s evaluation of their alternative testing methods was flawed and that the USCG ignored information contained in their proposals. Textron takes the position that the USCG improperly evaluated its model testing, and O-Tech argues that the USCG irrationally evaluated the tendency of its proposed vessel to heel outboard. The merits of these technical disputes are addressed below. In both eases, however, the administrative record shows that the USCG fully considered and evaluated the test data that plaintiffs submitted. Unfortunately for plaintiffs, the alternative testing methods failed to persuade the USCG that their proposed vessels met the Phase II Solicitation requirements.
While O-Tech and Textron attempt to characterize Marinette’s ability to rely on Phase I test data as an unstated solicitation requirement, the court agrees with defendant that the essence of plaintiffs’ challenge goes to the “basic approach to this acquisition.” Def.’s Br. (Textron) filed Oct. 16, 2006, at 3. Challenges to the underlying acquisition process at this stage of the procurement are no longer proper. This court recently had two occasions to consider similar protests where plaintiffs have cloaked their challenges to the terms of a solicitation as a protest to the procurement evaluation. In both cases plaintiffs waited to attack the solicitation until after submitting a proposal, leading the court to conclude that the implicit challenge to the solicitation had been waived. See Blue & Gold Fleet, LP v. United States, 70 Fed.Cl. 487 (2006), appeal docketed, No. 06-5064 (Fed.Cir. Mar. 9, 2006); Bannum, Inc. v. United States, 60 Fed.Cl. 718 (2004), rev’d and remanded on other grounds, 126 Fed. Appx. 958 (Fed.Cir.2005) (unpubl.).
This issue was most recently discussed in Blue & Gold, 70 Fed.Cl. 487 , a pre-award bid protest concerning “the provision [of] ferry *310 services to the historic Alcatraz Island near San Francisco, California.” Id. at 489 . Plaintiff had asserted that the Park Service “ ‘failed to recognize that the Services Contract Act, 41 U.S.C. §§ 351 et seq. applies to’ the wages paid in the contract.” 70 Fed.Cl. at 512. The court construed this argument as an attack on the prospectus because “[t]he Park Service has a longstanding policy, codified by regulation, of not applying the prevailing wage provisions of the Service Contract Act to its concession contracts.” Id. at 512. Ultimately, the court found that plaintiffs protest to the prospectus after its competitor was awarded the contract was untimely:
Because no one questioned or protested the relevant terms of the prospectus, the Park Service lacked the opportunity to change them. For plaintiff to protest after submission of the proposals would hamstring the Park Service as it is required by law to ‘evaluate ... competitive proposals and make an award solely on the factors specified in the solicitation.’
Id. at 513 (quoting 10 U.S.C. § 2305 (b)(1) (2000)). To support this finding, the court relied on Bannum, 60 Fed.Cl. 718 :
Plaintiff in Bannum challenged the Bureau of Prisons’s evaluation process of certain submitted forms. The trial court construed the challenge as not relating to the evaluation process, but to the terms of the solicitation. Although the court rejected the strict rules of the GAO, which “require that protests concerning the improprieties with solicitations be filed prior to the bid openings,” the court “embraced the utility of such procedures in bid protest realm.” Such procedures “mandate that the bidder raise any problem within the solicitation before submission of the offer, or risk that the reviewing tribunal will regard the right to contest as waived.”
Blue & Gold, 70 Fed.Cl. at 513 (citations omitted) (quoting Bannum, 60 Fed.Cl. at 726 (citing Aerolease Long Beach v. United States, 31 Fed.Cl. 342, 358 (1994), aff'd, 39 F.3d 1198 (Fed.Cir.1994))).
In the instant case, the terms of the Phase II Solicitation gave notice to all offerors that the acquisition was designed as a two-phase procurement process building on the results of the Phase I test boat evaluations. AR 00701. Moreover, the terms of the Phase II Solicitation explicitly required the offerors to respond to criticisms from the Phase I test boat evaluations. See, e.g., AR 00990-91. Logically, as with any cumulative process, success at an earlier stage can translate to greater success later on. If O-Tech or Tex-tron wanted to protest the USCG’s approach to purchasing new RB-Ms, they should have protested before submitting their Phase II proposals. Because neither O-Tech nor Tex-tron elected to do so, the court considers the right to protest the terms of the Phase II solicitation to have been waived.
2. USCG’s evaluation of Textron’s model testing
Textron argues that the USCG erred in its evaluation of Textron’s model testing resulting in two significant weaknesses for Textron, one for uncontrolled turns and another for the “balance between uncontrolled turns and porpoising.” 27 Textron’s Br. filed Aug. 25, 2006, at 20. Moreover, Textron contends that the misevaluation infected the USCG’s evaluation of Textron’s FPR design.
The USCG expressed concerns regarding the tendency of Textron’s design to “spin-out” during turns since the early stages of this procurement. See, e.g., AR 40042 (referencing problems with Textron’s test boat). In the USCG’s letter readmitting Textron to the competitive range on March 17, 2006, the USCG specifically identified this issue as a topic that Textron must address in its FPR:
The [initial Phase II] proposal indicates full scale and model testing was conducted in an attempt to correct the spin-out problems associated with the Test Boat. However, the data provided in the proposal [are] not sufficient to demonstrate that the tendency of the craft to “spin-out” during high speed, hard-over turns has been eliminated. Additionally, the changes made to *311 the proposed hull design to improve seak-eeping have raised questions about possible “porpoising” behavior at high speed. This effect was displayed in their model testing and discussed in the design engineers comments (Appendices 4.5-4.6). These factors increase the risk of not meeting the performance requirements, specifically, “In turns, at all turning rates, at all speeds, and in all loading conditions, the RB-M shall maintain a steady turn rate without skidding.” (SOW 051-2.4) and “The RB-M shall be safe and controllable at all speeds up to the maximum attainable speed and under all specified loading conditions.” (Spec 051-2.2)
AR 40042-43 (emphasis added).
In response to these comments, Textron attempted to convince the USCG that its RBM would not demonstrate these undesirable characteristics by revising its proposal to include more information about the model testing that it conducted and relied upon in making its speed and power predictions. The calculations and test data that were added to Textron’s proposal in response to this criticism were included as part of Textron’s FPR in Appendix 4.5-1: Model Tow Tank Test Results and Speed-Power Performance Calculations. 28
Appendix 4.5-1 stated that Textron’s predictions for its vessel’s speed and power performance were based on the results of “1/8-scale model tests of the proposed RB-M configuration.” AR 10746. The calculations included as part of Appendix 4.5-1 “were revised from methods used to prepare the RB-M phase I test boat performance predictions.” AR 10746. The RB-M model was tested at the Davidson Laboratory, Stevens Institute of Technology in Hoboken, New Jersey. Tests were conducted in two sessions on June 7-11,2004, and June 28-July 2, 2004. “In each session there were limited calm water test runs of spray rail, chine configurations, and further testing of the final configuration in random sea state 2, sea state 3, and regular waves.” AR 10747.
As part of Appendix 4.5-1, Textron included Davidson Laboratory’s Technical Report SIT-DL-04-9-2829 A (the “Davidson Technical Report”), issued September 2004, as Scaled Model Tests of Three Planing Hulls: Calm Water Tests. AR 10779. The Davidson Technical Report documented the results of model resistance tests that it conducted on behalf of Textron.
Model[s] of the two bare hulls were built to a scale of l/8th; Patrol Boat Model— Baseline, and Patrol Boat Model—Experimental (PBM—B & PBM—E respectively) were provided by [Textron]. The PBM-E model was modified at the Davidson Laboratory machine shop after testing on it was completed to convert the keel from a V-shape, to a round bottom configuration based on templates provided by [Textron]. The modified PBM-E model is referred to as Patrol Boat Model—Experimental Round (PBM-ER).
AR 10784 (formatting omitted). After receiving Textron’s FPR, the USCG had its independent consultant CDI analyze the new data submitted by Textron.
1) Turn instability and porpois

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6655531. Public record. Not legal advice.