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Inadequate Justification for Restrictive Requirements Leads to Injunction

Client Alert | less than 1 min read | 01.10.11

After having been thrown out of GAO for purportedly not being an interested party to challenge Interior’s restriction of its procurement of a department-wide messaging and cloud computing system to Microsoft resellers on the GSA schedule, Google found a more sympathetic ear, and standing to complain, in the CFC. In Google, Inc. v. U.S. (Jan. 4, 2011), the court found that Interior had failed to take several of the procedural steps required by CICA and the FAR to justify the restrictive specification of Microsoft products, enjoined the procurement, and remanded the matter to the agency for it to follow the correct steps of the process.

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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....

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