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DoD Memo Recalls 'Essential' Civilian Workers

Client Alert | 1 min read | 10.09.13

On October 5, Secretary Hagel issued guidance relating to DoD's implementation of the Pay Our Military Act (POMA), which passed just hours before the government "shutdown" at midnight on September 30 and provides for funding certain DoD functions while interim or full-year appropriations for FY 2014 are not in effect. The memo, crafted in consultation with DOJ, states that POMA permits funding for active duty military and civilian employees "whose responsibilities provide support to service members providing active service and their families" and "contribute to sustaining capabilities and Force Readiness" (a list which at least initially did not include DCAA auditors, CIO functions, or DCMO functions, although it appears that at least some auditors at some locations have been recalled) and permits expenditure of "such sums as are necessary to provide pay and allowances to contractors of DoD who[m] the Secretary determines are providing support to members of the Armed Forces in active service" (though the memo notes that DoD lawyers are still analyzing what that means).


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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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