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Court Reviews Decision to Stop Using SBA 8(a) Contract

Client Alert | less than 1 min read | 09.02.10

In K-Lak Corp. v. U.S. (Aug. 3, 2010), the Court of Federal Claims determined that it has jurisdiction to consider the claims that the Air Force had improperly decided to remove a requirement for credit reports from the 8(a) Program and instead had procured the reports through a GSA schedule in order to obtain lower prices. The court explained that, for purposes of determining its bid protest jurisdiction, the definition of "procurement" is broad and encompasses the agency's initial process of determining its needs.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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