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But Judge, That Was Only What We Said To Congress

Client Alert | less than 1 min read | 03.27.06

Judge Williams of the Court of Federal Claims was obviously not amused when she set aside the agency's override of the automatic stay during the GAO protest proceedings in Cigna Gov't Services, LLC v. U.S. (Mar. 10, 2006) in a procurement for Medicare claims administration. In addition to finding the rationale of the agency inconsistent with the agency's testimony to Congress that the procurement had significant scheduling flexibility, she found the override determination failed to consider several relevant factors, such as the cost of termination if GAO determines that the agency made an illegal award.

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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....