Offerors Beware: Exceptions to Data Rights Requirements May Prove Fatal
Client Alert | less than 1 min read | 02.03.16
In Deloitte Consulting, LLP (released Jan. 14, 2016), GAO held that, because the awardee’s proposal had taken exception to a solicitation provision that granted the government broader rights in materials (including software source code) than the rights conveyed by the FAR's standard data rights clause, it was unacceptable. This case serves as a reminder that the time for objecting to solicitation provisions, including those relating to technical data and computer software rights, is prior to proposal submission.
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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 This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal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.
Client Alert | 5 min read | 07.10.26
Client Alert | 6 min read | 07.09.26
EU Steel Overcapacity Regulation: New Permanent Measure in Force from 1 July 2026
Client Alert | 5 min read | 07.09.26
Made in the USA? Prove It: FTC Marks America's 250th with Crack Down on Domestic Origin Claims
