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It Doesn't Have To Be Fancy

Client Alert | less than 1 min read | 10.04.06

Reversing the trial court, the Federal Circuit in Industrial Door Contractors, Inc. v. U.S. (Sept. 22, 2006) upheld the sufficiency of a contract in which the government induced the bidder to dismiss its GAO protest by sending it a letter saying it was qualified to bid and asking, "Is this sufficient?" When the agency then disqualified the bidder, it breached this settlement agreement, irrespective of whether the bidder actually did qualify under the solicitation.

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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....