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GAO Faults Corrective Action Reevaluation

Client Alert | less than 1 min read | 08.27.15

In eAlliant, LLC (Jan. 14, 2015), GAO demonstrated that reevaluations based on "corrective action" must independently pass muster. Here, the record contained no rational basis or explanation for why the official who had previously credited the protester's technical proposal with multiple strengths had allowed the removal of all but one strength during subsequent reevaluations when there were no material revisions to the RFP's technical requirements or to the protester's proposal.


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....