Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan discuss a recent Federal Circuit appeal on the Blue & Gold waiver rule, and a Court of Federal Claims protest about the “late is late” rule in the world of electronic proposal submissions.
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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 This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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.
Continue Reading Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for FilingSBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size Determination
On April 8, 2026, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) denied an appeal arguing that a concern’s early submission of its proposal with pricing was an attempt to “end-run the regulations” for when size is determined. In Size Appeal of DecisionPoint Corporation, SBA No. SIZ-6379, OHA confirmed that a company’s size is determined on the date it submits its initial offer which includes price, even if the proposal is submitted in advance of the proposal submission deadline and the offeror becomes large before the provided deadline.
Continue Reading SBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size DeterminationDon’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
On May 14, 2026, the U.S. Court of Appeals for the Federal Circuit issued a stark warning to government contractors: when a bid protest is filed involving your contract, failing to timely intervene can cost you the ability to defend your award. In Global K9 Protection Group, LLC v. United States, the Federal Circuit upheld the denial of K2 Solutions, Inc.’s motion to intervene, finding that K2 had waited too long to act despite having sufficient reason to do so.
Continue Reading Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to InterveneAll Things Protest: Final Proposal Revisions and Federal Circuit Opinions
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan discuss a recent GAO sustain about final proposal revisions, along with two notable Federal Circuit opinions from May 2026 covering bid protest intervention and the discretion afforded to agencies in evaluating proposals.
Continue Reading All Things Protest: Final Proposal Revisions and Federal Circuit OpinionsAll Things Protest: Challenging Agency Evaluations of Proposals
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan discuss challenges contractors face when protesting agency evaluations of proposals, along with
Fastest 5 Minutes: Audits of Federal Small Business Program Awards
This episode addresses efforts by various federal government agencies to audit and investigate purported ‘waste, fraud, and abuse’ in small business set-aside awards, and is hosted by Yuan Zhou, Olivia Lynch and Zach Schroeder. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory
All Things Protest: Corrective Action at the Court of Federal Claims
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan cover two recent protests at the Court of Federal Claims— Advantaged Solutions
Fastest 5 Minutes: Cybersecurity, Resellers, IP
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, Crowell’s Christian Curran, Zachary Schroeder, and Bryan Dewan cover two recent protests that both emphasize the continued importance of filing
DoW’s Previously Announced 8(a) Audit Expanded to Include All Small Business Set-Aside Awards over $20 Million
As we previously reported, on January 16, 2026, the Department of War (DoW) announced an audit of 8(a) sole source awards over $20 million, joining the previously-announced audits by the Small Business Administration (SBA) and U.S. Treasury Department (discussed here and here). A DoW memorandum also dated January 16, 2026 but only recently made public reveals that this audit is much broader in than originally announced. Any active 8(a) sole source contract, 8(a) set-aside contract, or small business set-aside contract over $20 million is under scrutiny.
Continue Reading DoW’s Previously Announced 8(a) Audit Expanded to Include All Small Business Set-Aside Awards over $20 Million