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Pitiful Price Evaluation Unfairly Caters To Certain Bidders

Client Alert | less than 1 min read | 01.03.06

In R&G Food Service, Inc., d/b/a Port-a-Pit Catering (Sept. 15, 2005 http://www.gao.gov/ decisions/bidpro/2964354.pdf), GAO sustained the protester's challenge to the agency's determination that its prices were not fair and reasonable. The GAO's found that, by improperly limiting its price evaluation to an examination of unit prices without also considering the estimated quantities of each item, the agency therefore failed to consider the likely actual cost to the government from the competing proposals.

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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. 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....