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Congressional Sledgehammer Drops On DHS Cyber Insecurity

Client Alert | 1 min read | 09.27.07

Following a series of tough investigations and oversight hearings on cybersecurity in April and June with more to come, the House Homeland Security Committee dropped the hammer on DHS and its contractors in a letter on September 21, 2007, finding that cyber attacks on federal and contractor IT systems "have resulted in the loss of massive amounts of critical information," characterizing DHS and contractor responses as "misleading" and subject to potential criminal penalties under 18 U.S.C. 1001, and demanding a DHS IG investigation -- and referral for "criminal investigation" if appropriate. With contractors operating over 1,100 federal IT systems subject to the Federal Information Security Management Act (FISMA), future security breaches virtually assure Congressional investigations, as the Homeland Security Committee promised: "The Committee will continue to investigate security breaches, particularly those occurring among commercial contractors."

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Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....