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Recovery Act Buy American Provision: Good News For Canadian Suppliers

Client Alert | less than 1 min read | 03.30.10

On March 25, 2010, OMB issued amended guidance on implementation of the Buy American provision of the American Recovery and Reinvestment Act of 2009, 75 Fed. Reg. 14323, effective immediately, which (1) changed the threshold that applies to international agreements from $7,430,000 to $7,804,000; (2) added Chinese Taipei (Taiwan) as a party to the WTO Government Procurement Agreement; and (3) added the Canada/US Agreement on Government Procurement, effective February 16, 2010. That agreement, among other things, opens up certain Recovery-Act funded programs of the Rural Utilities Service, Ag Dept., DoE, HUD, and EPA to Canadian iron, steel, and manufactured goods.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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