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Agency Reasonably Distrusts Its Own Estimates

Client Alert | less than 1 min read | 04.27.04

In Burney & Burney Constr. Co. (Mar. 19, 2004), GAO upheld an agency’s rejection of a low bid as unbalanced because some of the line items were significantly overstated and, if the agency had ordered more than the estimated quantities for those line items under this requirements contract, the agency would end up paying more under the low bid than under the next-to-low bid. GAO upheld this approach even though the agency used different estimated quantities for the unbalanced bidding analysis than it did for the price determination of the low bid, reasoning that using different estimates for different purposes was reasonable.

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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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