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A Rose and a Thorn: Federal Circuit Permits Contractor to Add New Claim to Pending Complaint, but Enforces Notice Provision to Bar Recovery

Client Alert | 1 min read | 02.26.15

In K-Con Building Systems Inc. v. United States, the Federal Circuit held that a contractor could amend its COFC complaint to add new, denied claims related to the appeal if the new claims either requested different remedies (e.g., additional compensation, remission of funds, non-monetary relief) or asserted legal grounds for relief that were materially different from the claims under appeal. This holding may prove helpful to contractors at the COFC who identify additional bases for recovery/remedies after filing their complaint; however, the Court also denied recovery because the contractor's two-year delay before notifying the government of the alleged "changes" failed to provide the adequate notice required by the Changes Clause, distinguishing the facts in K-Con from those in prior cases where notice provisions were not strictly enforced.

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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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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....