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Equality For All - OMB Instructs Agencies To Ignore GAO And Give Equal Consideration To Three SBA Programs

Client Alert | less than 1 min read | 07.23.09

On July 10, 2009, OMB instructed agencies to continue to adhere to the SBA's "parity" regulations despite two recent GAO decisions-Mission Critical Solutions, 2009 CPD ¶ 93, and Int'l Program Group, Inc., 2008 CPD ¶ 172-that required agencies to prioritize Historically Underutilized Business Zone ("HUBZone") small businesses over 8(a) Program participants and Service Disabled Veteran Owned Small Businesses in satisfying the agencies' acquisition requirements. OMB explained that the GAO decisions were not binding and instead instructed agencies to consider multiple small business programs pursuant to their existing contracting practices and the SBA's "parity" policies.

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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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