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(Re)Ordered: DoD Revises and Reorders ASBCA Rules

Client Alert | less than 1 min read | 07.23.14

On July 21, DoD published a final rule to update the Rules of the Armed Services Board of Contract Appeals, "revis[ing] and reorder[ing] the Board's Rules for clarity and consistency and account[ing] for changes in technology." Attached is a redline document reflecting the changes to the Board's rules, which, notably, formalize prior guidance on issues such as summary judgment briefing and filing by electronic mail and add two addendums: (1) Equal Access to Justice Act Procedures, and (2) Alternative Methods of Dispute Resolution.


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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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