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The FAR Regulators Enter the Cyber Fray

Client Alert | 1 min read | 08.28.12

On the heels of the latest demise of cyber legislation, the FAR Council has proposed new cybersecurity regulations for safeguarding government information ("other than public information") residing on or transiting through contractors' systems. While lacking some of the detail (such as certain NIST standards) contained in a predecessor proposal by DOD, the proposed FAR rule establishes broad requirements for basic cybersecurity safeguards for "all Federal contractors and appropriate subcontractors," including mandates for  (1) "the best level of security and privacy available, given facilities, conditions, and environment"; (2) "at least one physical and one electronic barrier" for such information; (3) "sanitization" prior to disposal of information and electronic media; and (4) "intrusion protection," such as "updated malware protection services."

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  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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