Navy's Sparse Document Production Sinks Protest Defense
Client Alert | less than 1 min read | 12.28.15
In CORTEK, Inc. (Dec. 17, 2015), GAO determined that it could not find the Navy's evaluation and award decision reasonable when, in response to the protest, the Navy produced only very circumscribed portions of selected documents that were extensively redacted, to the point that the agency report failed to explain even the most basic details of the acquisition. The Navy's overly aggressive efforts to limit document production frustrated CICA's mandate that GAO resolve bid protests and led GAO to sustain the protest regarding the evaluation of several aspects of the awardee's proposal.
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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 This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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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