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Foreign Governments Join the Commercial Item Party

Client Alert | less than 1 min read | 05.20.19

On May 9, 2019, the FAR Council issued a proposed rule, which would amend the “nondevelopmental item” prong of the commercial item definition to include competitive sales to “multiple foreign governments” (in addition to sales to state and local governments, which the definition already includes). Comments on the proposed rule, which implements Section 847 of the National Defense Authorization Act for Fiscal Year 2018, are due July 9, 2019.

Insights

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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