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Risk Of Accepting Out-Of-Scope Task/Delivery Orders Gets Greater

Client Alert | less than 1 min read | 10.07.04

Adding to the risk of accepting out-of-scope work that potentially could result in avoidance of the contract order, the GSA debarring official has recently put the burden on the contractor to police the situation: "We cannot have a situation where a contractor knows or should have known that something is wrong and does not at least raise the issue with the contracting officer, or, if appropriate, higher authority. On a case-by-case basis, if we determine that a contractor has not followed the rules, we may take appropriate action in the context of contractor responsibility."

Insights

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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