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Federal Government Invites Comment on Domestically Nonavailable Articles

Client Alert | less than 1 min read | 05.14.20

On May 13, 2020, the Federal Acquisition Regulatory (FAR) Council published an advance notice of proposed rulemaking inviting interested parties to submit information relevant to the periodic review of the FAR 25.104 list of domestically nonavailable articles exempt from the Buy American Act, either as end products or components. Companies have until July 13, 2020 to review their existing supply chains and identify articles or components that are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality for addition to the list.

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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....