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GAO And SBA Disagree on Effect of Noncompliance With Subcontracting Limitation

Client Alert | 1 min read | 04.10.07

In TYBRIN Corp. (Mar. 13, 2007, http://www.gao.gov/decisions/bidpro/2983646.pdf), GAO sustained a protest of the Air Force's reinstatement of a contract award despite the Air Force's reliance on and compliance with the SBA's responsibility determination in favor of the awardee (which was based on the SBA's finding that the awardee, despite having not committed to do so in its proposal, would in fact comply with the RFP's limitation on the extent of subcontracting to large businesses). Despite the SBA's conclusion to the contrary, and the Air Force's reliance on that conclusion, GAO held that where an offeror's proposal fails to comply with a material terms of the solicitation (in this case, the limitation on subcontracting clause as set forth in FAR 52.219-14), the matter is one of the proposal's acceptability or responsiveness (which is reviewable by GAO) rather than the offeror's responsibility (which is solely within the purview of the SBA, if it involves a small business).

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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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