Blanket Purchase Order Does Not Equal Task Order Contract
Client Alert | less than 1 min read | 01.19.10
In C & B Constr., Inc. (Jan. 6, 2010), GAO explained that it had jurisdiction to review protests of task orders issued under Blanket Purchase Agreements ("BPA"), even if the task order is valued less than $10 million (the statutory limit for GAO to review protests of task or delivery order contracts), because BPAs are different from task or delivery order contracts. GAO then sustained the protest because the source selection decision was based on numerical scores without adequate substantive discussion.
Insights
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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 This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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.
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