Inexact IDIQ Exercise = Constructive Change
Client Alert | less than 1 min read | 06.04.09
In General Dynamics C4 Sys., Inc. (May 8, 2009), the Armed Services Board of Contract Appeals converted timely delivery order exercises by the Navy into constructive changes because they were sent by e-mail, when the contract specified that electronic delivery was only authorized if specified in the schedule and it was not. Analogizing to option exercises, the board instructed that an IDIQ order must be issued fully in accord with the contract or it is ineffective.
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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
