Potential Loss Of Workforce Supports Incumbent's Injunction
Client Alert | less than 1 min read | 06.16.05
The incumbent in University Research Co. v. U.S. (June 3, 2005), after demonstrating that the cost realism evaluation was flawed due to the improper normalization of a significant cost element, satisfied its showing of irreparable injury in part by arguing that it would lose some of its trained workforce if the awardee were allowed to take over the job while the case and a reevaluation proceeded. The Court of Federal Claims also noted that only in "an exceptional case" would procurement delay alone warrant denial of injunctive relief in a bid protest case.
Insights
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
