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Contractor Wins Directed Award In A-76 Protest

Client Alert | less than 1 min read | 02.13.04

The GAO in BAE Systems Tech. Servs., Inc. (Jan. 28, 2004) (represented by C&M), directed the Navy to award a contract to the private offeror in an A-76 competition in which the in-house entity failed to comply with, or include costs for, various solicitation requirements. GAO determined that the agency's post-protest attempts to cure the in-house offer’s deficiencies were "inappropriate" and damaging to "the integrity of the A-76 process" and criticized the agency for failing to perform the independent review mandated by the A-76 process when it reviewed the in-house offeror’s compliance with only one portion of the solicitation, rather than all.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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