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DOD Revises IP Commercial Item Rules

Client Alert | less than 1 min read | 09.21.11

On September 20, 2011, DOD issued a final rule amending DFARS Part 227 and the associated clauses to eliminate the presumption of development at private expense for commercial items (other than commercially available off-the-shelf items) for major systems or subsystems. However, the implementation of this rule introduces great uncertainty as to the government’s rights to commercial item technical data and commercial computer software when there has been even a minimal government investment, particularly as it relates to the applicability of commercial licenses and marking requirements.


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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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