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No Tolerance For Not Meeting Storage Requirements

Client Alert | less than 1 min read | 05.03.10

After a lengthy back-and-forth at GAO, the protestor finds relief at the Court of Federal Claims with the award to its competitor for storage space being set aside. The court found in Metro. Van and Storage, Inc. v. U.S. (Apr. 16, 2010) that the awardee did not meet the technical requirements of the RFP that it have a minimum of storage space under firm commitment and refused to brush off these problems as contract administration issues.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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