1. Home
  2. |Insights
  3. |GAO Faults Corrective Action Reevaluation

GAO Faults Corrective Action Reevaluation

Client Alert | less than 1 min read | 08.27.15

In eAlliant, LLC (Jan. 14, 2015), GAO demonstrated that reevaluations based on "corrective action" must independently pass muster. Here, the record contained no rational basis or explanation for why the official who had previously credited the protester's technical proposal with multiple strengths had allowed the removal of all but one strength during subsequent reevaluations when there were no material revisions to the RFP's technical requirements or to the protester's proposal.


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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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