1. “Whether a bid protest that establishes a violation of federal law may be denied for ‘harmless error’ based on a rationale not present in the administrative record.”
2. “Whether, in resolving a bid protest that establishes a violation of the criminal conflict-of-interest statute, 18 U.S.C. § 208, the Federal Circuit can enforce the contract based on deference to an agency’s assessment that the criminal violation did not taint the procurement.”
