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Tanker Award Tanked

Client Alert | less than 1 min read | 06.19.08

Yesterday, GAO overturned the Air Force’s award of the contract to Northrop Grumman/EADS (http://www.gao.gov/press/boeingstmt.pdf) for aerial refueling tankers, identifying seven distinct errors in the competition, including flaws in the technical and cost evaluations (the Air Force incorrectly determined that NG was the low cost offeror) and in the discussions. GAO recommended that the Air Force reopen discussions and request new proposals.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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