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FAR Integrated With Safety Act

Client Alert | less than 1 min read | 11.13.07

On November 7, 2007, the Federal Acquisition Regulatory Council issued an interim rule integrating the liability and litigation protections administered by DHS under the SAFETY Act with federal agency purchases of anti-terrorism technologies and services. Agencies now have standard procurement clauses to use when purchasing products and services for homeland defense, including clauses to allow the acceptance of offers contingent on the issuance of SAFETY Act designations or certifications and equitable adjustments for situations in which SAFETY Act coverage is denied after award.

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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