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DoD IG Signals Shift in FOIA Policy

Client Alert | less than 1 min read | 08.18.16

In June, the DoD IG announced that, "[i]n an effort to create greater transparency, DoD OIG will proactively redact and post reports and select administrative investigations," rather than requiring FOIA requests for them. Along with the recent amendments to FOIA, which require agencies to "make available for public inspection in an electronic format" records "that have been requested three or more times," the IG's decision is likely to increase the amount of information available to the public regarding IG reports, which in the past have included investigations of major defense programs.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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