Government Receives Proposals When They Hit the Server
Client Alert | less than 1 min read | 05.13.13
In Insight Sys. Corp. v. U.S. (May 6, 2013), Judge Allegra of the CFC concluded that the FAR's "Government Control" exception to the "Late Is Late" doctrine can apply to electronic mail as well as paper submissions, even though the FAR does not specifically address electronic submissions. When an e-mail is received by an initial government server before the submission deadline, that e-mail is considered timely "received," even when a malfunction of the internal e-mail delivery system causes the e-mail not to be delivered to the Contracting Officer until after the deadline.
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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
