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GAO Slams VA for Reneging on Its Corrective Action Promise

Client Alert | less than 1 min read | 08.24.15

In SCB Solutions, Inc.—Recon. (Aug. 12, 2015), GAO roasted the Veterans Administration when it reneged on its promise to cancel the award as a part of its corrective action and, instead, after the protest had been dismissed as moot at VA's request, accelerated performance and received full delivery, thereby thwarting the protest process. GAO granted reconsideration of its dismissal decision and sustained the protest on the basis that the solicitation contained a latent defect and awarded bid preparation and protest costs.


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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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