SSI argues that the CIA was not required to identify the weaknesses and deficiencies evaluated in Ogden's proposal because they were so inherent in Ogden's technical approach that they could not be changed without a substantial revision of Ogden's proposal. These evaluated weaknesses and deficiencies could be addressed without substantial revision of Ogden's proposed approach. For example, Ogden could address the agency's concerns about a minimal number of management staff by increasing the proposed staff level. See Northrop Worldwide Aircraft Servs. The agency argues that Ogden was not prejudiced, even assuming meaningful discussions were not conducted.
Competitive prejudice is an essential element of every viable protest.
Where an agency violates procurement requirements, a reasonable possibility of prejudice is a sufficient basis for sustaining a protest, and we will resolve any doubts concerning the prejudicial effect of the agency's action in favor of the protester. Foundation Health Fed. Where, as here, an impropriety in the conduct of discussions is found, it must be clear from the record the protester was not prejudiced before we will deny the protest. This does not show that the protester was not prejudiced by the agency's failure to conduct meaningful discussions, such that the protest should be denied. Thus, the record evidences a reasonable possibility that, but for the deficient discussions, Ogden could have been in line for award and was therefore prejudiced.