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Cancellation Of RFP Upended

Client Alert | less than 1 min read | 08.18.05

In Rand & Jones Enters. Comp., Inc. (Aug. 4, 2005 http://www.gao.gov/decisions/bidpro/296483.htm), GAO held that Veterans Affairs lacked a reasonable basis for canceling an RFP when the cancellation was based on no technical evaluation factors in the RFP and the agency intended to issue an IFB for the same requirement. Both the RFP and IFB would be based on the same evaluation factor (price), no evidence suggested that the government or the integrity of the procurement system would be prejudiced if the RFP were not cancelled, and the low offeror would be prejudiced by recompetition since its low price had previously been disclosed publicly.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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