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Line Item Prices Still Exempt Under FOIA

Client Alert | 1 min read | 01.30.08

In Canadian Commercial Corp., et. al. v. Dept. of the Air Force (Jan. 29, 2008, http://pacer.cadc.uscourts.gov/docs/common/opinions/200801/06-5310a.pdf), the D.C. Circuit reiterated to the Air Force its ruling in McDonnell Douglas Corp. v. Air Force, 375 F.3d 1182, namely that line item prices are exempt from disclosure under FOIA. In doing so, the Court rejected the Air Force's arguments that: (1) historically line item pricing was subject to disclosure under FOIA, (2) that those prices should be disclosed because the Air Force was likely to exercise the options under the contract, and (3) the FAR requires disclosure of line item pricing, concluding instead that the disclosure of those line item prices would cause substantial competitive harm to the contractor.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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