About

Adam Bartolanzo is an associate in the Government Contracts, Investigations and International Trade Practice Group in the firm’s Washington, D.C. office.

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The implications of the Federal Circuit’s Blue & Gold waiver rule – pursuant to which a disappointed offeror waives any protest grounds it may have had to the terms of a solicitation that the offeror could have, but failed to, raise pre-award – continues to reverberate in unexpected ways when applied to real-life procurement situations.  In VS2, LLC v. United States, — Fed. Cl. — (Fed. Cl. 2021), the Court of Federal Claims (“COFC”) declined to further expand the Blue & Gold waiver rule to all challenges to a procurement action that could have been made pre-award, signaling that the edge of the Blue & Gold sword may be starting to dull and its reach limited.

Continue Reading “You Got To Know When To Protest” Part III: The Court Of Federal Claims Declines To Expand Blue & Gold Waiver Rule For Bid Protests “Any Further Than The Federal Circuit Already Has”

Continue Reading “You Got To Know When To Protest” Part III: The Court Of Federal Claims Declines To Expand Blue & Gold Waiver Rule For Bid Protests “Any Further Than The Federal Circuit Already Has”

About

Adam Bartolanzo is an associate in the Government Contracts, Investigations and International Trade Practice Group in the firm’s Washington, D.C. office.