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CFC Awards Full Fees for AF Breach

Client Alert | less than 1 min read | 10.24.13

In SUFI Network Servs., Inc. v. U.S. (Oct. 16, 2013), the CFC awarded SUFI, represented by Crowell & Moring, as breach damages its attorneys' fees and expenses for preparing claim packages that were later successfully litigated. Brushing aside the government's multiple challenges, the court found Crowell & Moring's fees and expenses to be reasonable and awarded them in full, plus interest as provided by agreement, but denied SUFI's request for an overhead and profit burden, finding that the client did not add "any material value" to the claim preparation efforts.


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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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