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CFC Judge Sides with VA in Preference Dispute over FSS Buys

Client Alert | less than 1 min read | 12.07.12

In Kingdomware Techs., Inc. v. U.S., Judge Firestone of the Court of Federal Claims ruled that the Veterans Benefits Act of 2006, which requires VA to determine whether it can reasonably set aside its acquisitions for Service Disabled Veteran Owned Small Businesses or Veteran Owned Small Businesses, does not apply to purchases from the Federal Supply Schedule. Before this ruling, VA had continued to defy GAO, which had ruled the opposite in a number of protests, and the same issue is currently before at least one other CFC judge.


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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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