Many Small Projects Do Not Equal One Big Project
Client Alert | less than 1 min read | 09.28.09
In Caddell Constr. Co. (Sept. 21, 2009), GAO found unreasonable the agency's determination that a vendor had shown the requisite experience performing services "similar in complexity, type of construction, and value to the project being bid" as required by the Security Act in a provision relating to construction of embassies, when the vendor's submission aggregated a number of smaller projects to equal the value of the construction project at issue. Contrary to the agency's determination, GAO held that the statute's experience requirement anticipates that an offeror has completed at least one construction project of similar value and complexity.
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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 This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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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