GAO Scallops Procurement, Finding Solicitation Was Flaky
Client Alert | less than 1 min read | 01.07.05
In Oregon Potato Co. (Dec. 22, 2004), GAO sustained the protest because the solicitation for dehydrated potato flakes failed to provide offerors with sufficient information regarding certain delivery location contingencies to enable offerors to prepare their proposals intelligently and compete on an level playing field. Although the post-award protest was based on inadequacies in the solicitation, it was nonetheless timely because the informational defect was not apparent until after the agency had announced its award decision.
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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.
Client Alert | 3 min read | 07.15.26
Client Alert | 3 min read | 07.14.26
Client Alert | 3 min read | 07.13.26
Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine
