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Slamming the Courthouse Door: No Review of Alleged Statutory Violations in Task Order Procurements

Client Alert | less than 1 min read | 09.19.14

In SRA In'l v. U.S. (Sept. 15, 2014), the Federal Circuit held that the Court of Federal Claims lacked jurisdiction over a protest of an agency's OCI waiver made in the context of a task order procurement. The Federal Circuit found that the divestiture of jurisdiction over task order procurements in the Federal Acquisition Streamlining Act is complete and does not have an exception for alleged violations of statute or regulation.


Insights

Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....