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Cyber Barbarians & Federal Data Breaches In 2006

Client Alert | 1 min read | 10.25.06

In 2006, the lost Veterans Affairs laptop compromising the personal information of 26.5 million veterans represented just one of the hordes of information security breaches that flooded federal agencies, triggering Congressional hearings, GAO and IG investigations, and new OMB information security standards for federal agencies and contractors alike. In his article "When Cyber Barbarians Storm the Security Walls: The Mounting Risks of Security Breaches to Federal Agencies & Contractors" published in the Federal Contracts Report on October 3, 2006 (http://www.crowell.com/pdf/Security-Breach_Bodenheimer.pdf), David Z. Bodenheimer identifies the evolving rules governing federal information security and explains how the escalating federal outsourcing trends mean greater opportunities for contractors in the IT and cybersecurity business, but also that such opportunities come with mounting risks of tougher Congressional scrutiny, federal enforcement actions, and third-party litigation.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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