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ASBCA's FY18 Report – a Look at the Numbers

Client Alert | less than 1 min read | 10.18.18

The Armed Services Board of Contract Appeals published its FY18 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, CIA, NASA, other Defense agencies, and the Washington Metropolitan Area Transit Authority. According to this year's report, appellants prevailed, in whole or in part, in 69 percent of the appeals decided on the merits, a notable increase from the past several years. As usual, the Board had a high success rate in resolving matters via alternative dispute resolution (ADR), successfully resolving 85 percent of ADRs concluded in FY18 – including binding arbitration, non-binding mediation, and ADR of undocketed appeals.

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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....

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