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Solicitation Appellate Courts

Morrison & Foerster LLP - Government...

SEKRI, INC. V. United States: Are Pre-Proposal-Submission Email Exchanges Now Enough To Avoid Blue & Gold Waiver?

In the seminal decision Blue & Gold Fleet, L.P. v. United States, the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a...more

Husch Blackwell LLP

Escaping Blue & Gold: Court Holds Filing A Pre-Award Agency-Level Protest Preserved Protester’s Arguments

Husch Blackwell LLP on

In June 2007, the U.S. Court of Appeals for the Federal Circuit held that a party who fails to object to patent errors in a solicitation before the conclusion of the bidding process waives those objections. Blue & Gold Fleet,...more

Wiley Rein LLP

Blue & Gold Safe For Now: Federal Circuit Holds That a Timely Agency-Level Pre-Award Solicitation Challenge Preserves a...

Wiley Rein LLP on

WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more

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