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No Constructive Knowledge When Amendment Not Posted to FedBizOpps

Client Alert | less than 1 min read | 08.20.15

In Latvian Connection, LLC (Aug. 11, 2015), GAO held that the Army did not provide the protester enough time to respond to a "substantial" solicitation amendment when, although the amendment was posted to the Army Single Face to Industry (AFSI) website six days prior to the response deadline, it was not posted to FedBizOpps.gov and the protester did not see the posting on the AFSI until two days before the deadline. GAO rejected the Army's argument that the protester had constructive knowledge of the AFSI posting, holding that offerors are only charged with constructive knowledge of procurement actions published on a designated, government-wide point of entry, which, for business opportunities greater than $25,000, is only FedBizOpps.gov.


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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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