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DoD Tightens Counterfeit Prevention Policy

Client Alert | less than 1 min read | 05.02.13

On April 26, 2013, DoD issued an Instruction to establish policies to prevent the introduction of counterfeit material at any level of the DoD supply chain and to seek restitution for critical failures and damages caused by such material. DoD component heads are tasked with integrating the policy into contract requirements and procedures, procuring critical material only from suppliers that meet appropriate counterfeit avoidance criteria or applying additional risk management measures when such suppliers are not available, using sampling techniques and material testing for detection, and reporting all suspected or confirmed occurrences.

 

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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