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New Timeliness Rule Sinks Ferry’s Protest

Client Alert | 1 min read | 06.27.07

Navigating in previously uncharted territory before the Federal Circuit, a ferry operator’s protest against award of the National Park Service’s Alcatraz Island concession contract is sunk on the shoals of a new timeliness rule that “a party who has the opportunity to object to the terms of a government solicitation containing a patent error and fails to do so prior to the close of the bidding process waives its ability to raise the same objection afterwards in a § 1491(b) action in the Court of Federal Claims.” In Blue & Gold, Fleet, L.P. v. U.S., (June 26, 2007), the court viewed the protest as a challenge to the terms of the solicitation (i.e., omission of Service Contract Act requirements) and thus affirmed the dismissal of the post-award protest as untimely on diverse theories of waiver, patent ambiguity, laches, and equitable estoppel, coupled with an analogy to the GAO timeliness rules, despite the acknowledged fact that “the jurisdictional grant of 28 U.S.C. § 1491(b) contains no time limit requiring a solicitation to be challenged before the close of bidding.”

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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....