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Gotta Give A Guy A Fair Chance On The Redo

Client Alert | less than 1 min read | 09.14.07

GAO in Sikorsky Aircraft Co. (Aug. 30, 2007, http://www.gao.gov/decisions/bidpro/2991455.pdf) slapped down the AF's attempt in its large helicopter procurement simply to "reevaluate" and not give Sikorsky and Lockheed a chance to alter their proposals after GAO found the initial award to Boeing improper. The problem with the AF's approach was that it materially changed the evaluation scheme but then did not give the protestors a chance to revise their proposals to take that into account.

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....