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GAO Bid Protest Statistics for FY2019

Client Alert | less than 1 min read | 11.08.19

On November 5, 2019, the U.S. Government Accountability Office (“GAO”) released its Annual Report on Bid Protests for Fiscal Year 2019. GAO received and sustained slightly fewer protests than in FY2018, but the overall Effectiveness Rate—i.e., the percentage of time the protester received relief, such as voluntary corrective action or GAO sustaining its protest—held steady at 44%. The most common bases for sustained protests in FY2019 were (1) unreasonable technical evaluations; (2) inadequate documentation of agency records; (3) flawed selection decisions; (4) unequal treatment of offerors; and (5) unreasonable cost or price evaluations.


Insights

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....