Customary Commercial Practice Deserves Respect
Client Alert | less than 1 min read | 10.03.12
In Verizon Wireless (Sept. 17, 2012), GAO sustained a solicitation protest in a FAR Subpart 8.4 procurement for a blanket purchase agreement for wireless telecommunications devices and services off the Federal Supply Schedule when the agency had selected contract terms and conditions that were inconsistent with customary commercial practice in the industry. GAO concluded that the agency had failed to conduct the necessary market research to realize that the disputed terms were irregular and, thus, had failed to prepare the mandatory, documented determination of why it was necessary to deviate from normal commercial practice.
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Client Alert | 3 min read | 07.10.26
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 This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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.
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