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Failure To Update Invalidates Evaluation And Responsibility Determination

Client Alert | less than 1 min read | 02.17.06

In Greenleaf Constr. Co. (Jan. 17, 2006, http://www.gao.gov/decisions/bidpro/29310518.pdf), GAO held that the awardee's failure to advise the agency of changes to its proposed plan for performance which arose after submission of its final proposal revision, including different key personnel and a different software system, invalidated the technical evaluation based on the original proposal. GAO also invalidated the contracting officer's responsibility determination as to the adequacy of awardee's financial resources because the contracting officer knew that an affiliated company that had provided most of the revenues of the awardee's corporate family in the DCAA analysis had been sold.

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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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