Potential OCI Short-Circuits Sole-Source Award
Client Alert | less than 1 min read | 01.17.08
In Superlative Technologies, Inc. (Jan. 4, 2008, http://www.gao.gov/decisions/bidpro/310489.pdf), GAO held improper the cancellation of a solicitation by DOJ due to potential Procurement Integrity Act (PIA) and organizational conflict of interest unfair competitive advantage problems when DOJ turned around and awarded a sole-source contract for the same work to a contractor using as a subcontractor the company with the PIA/OCI problem. GAO recommended that DOJ reopen the competition and follow the procurement integrity and OCI regulations to determine the scope of the problem and whether any offerors should be disqualified or other corrective actions should be required.
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.
Client Alert | 3 min read | 07.15.26
Client Alert | 3 min read | 07.14.26
Client Alert | 3 min read | 07.13.26
Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine
