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Congressional Sledgehammer Drops On DHS Cyber Insecurity

Client Alert | 1 min read | 09.27.07

Following a series of tough investigations and oversight hearings on cybersecurity in April and June with more to come, the House Homeland Security Committee dropped the hammer on DHS and its contractors in a letter on September 21, 2007, finding that cyber attacks on federal and contractor IT systems "have resulted in the loss of massive amounts of critical information," characterizing DHS and contractor responses as "misleading" and subject to potential criminal penalties under 18 U.S.C. 1001, and demanding a DHS IG investigation -- and referral for "criminal investigation" if appropriate. With contractors operating over 1,100 federal IT systems subject to the Federal Information Security Management Act (FISMA), future security breaches virtually assure Congressional investigations, as the Homeland Security Committee promised: "The Committee will continue to investigate security breaches, particularly those occurring among commercial contractors."

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Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....