1. Home
  2. |Insights
  3. |Awards Reinstated After Faulty 'Corrective Action'

Awards Reinstated After Faulty 'Corrective Action'

Client Alert | less than 1 min read | 04.11.14

In WHR Group, Inc. v. U.S. (Apr. 8, 2008), the Court of Federal Claims set aside an agency's "corrective action" terminating three blanket purchase agreements for employee relocation services because that action was not narrowly tailored to address the flaw in the underlying procurement. While the agency cited a laundry list of reasons for why it believed termination and reprocurement was necessary, Judge Block rejected nearly all of them and, as to the one issue that legitimately raised a concern about the prior evaluation, he concluded that a reevaluation would address the problem without a full resolicitation.

Contacts

Insights

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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