1. Home
  2. |Insights
  3. |Commerce Proposes Updates To Reauthorized Defense Production Act

Commerce Proposes Updates To Reauthorized Defense Production Act

Client Alert | less than 1 min read | 06.14.10

On June 7, 2010, the Department of Commerce issued a proposed rule implementing 2009 legislation to reauthorize and improve the Defense Production Act. In addition to reauthorizing the use by designated federal agencies of priority ratings on contracts or orders, requiring contractors (and potentially their subcontractors and vendors) to give priority to those contracts or orders over other contracts or orders, the proposed rule "clarifies" the standards and procedures for issuing a rated contract/order and establishes new procedures by which an agency may allocate scarce materials, services, and facilities to promote the national defense or to respond to a national emergency.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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