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Union Obtains Protest Relief In District Court

Client Alert | less than 1 min read | 03.08.06

In Nat'l Treasury Employees Union v. IRS (D.D.C., Feb. 22, 2006), the union successfully challenged the decision of IRS to contract out mailroom functions without holding a public-private competition as required by the 2004 IRS appropriations act. Of most interest was the finding of the district court that the provisions of 28 U.S.C. 1491(b) giving the Court of Federal Claims exclusive jurisdiction over protests did not apply because the union was not an "interested party" under that provision, i.e., an actual or prospective bidder.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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