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Line Item Prices Still Exempt Under FOIA

Client Alert | 1 min read | 01.30.08

In Canadian Commercial Corp., et. al. v. Dept. of the Air Force (Jan. 29, 2008, http://pacer.cadc.uscourts.gov/docs/common/opinions/200801/06-5310a.pdf), the D.C. Circuit reiterated to the Air Force its ruling in McDonnell Douglas Corp. v. Air Force, 375 F.3d 1182, namely that line item prices are exempt from disclosure under FOIA. In doing so, the Court rejected the Air Force's arguments that: (1) historically line item pricing was subject to disclosure under FOIA, (2) that those prices should be disclosed because the Air Force was likely to exercise the options under the contract, and (3) the FAR requires disclosure of line item pricing, concluding instead that the disclosure of those line item prices would cause substantial competitive harm to the contractor.

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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....

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