Relying upon the cryptic answers provided by a Magic 8-Ball when deciding
to file a protest at the U.S. Court of Federal Claims (“COFC”) may sound
farcical, but a recent decision1by a split panel of the U.S. Court of Appeals for the Federal Circuit may render this method commonplace. In Inserso Corporation v. United States, the Federal Circuit held that the Blue & Gold waiver rule regarding the timeliness of protests against patent solicitation errors barred Inserso’s opportunity to protest the Defense Information Systems Agency’s (“DISA’s”) allegedly improper disclosure of total evaluated pricing and previously unreleased evaluation methodology during debriefings with certain offerors.
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