Silence = Acquiescence: Government Stuck with Contractor’s Interpretation that was Provided with its Proposal
Client Alert | 1 min read | 03.18.20
On February 7, 2020, the ASBCA sustained the appeal of Command Languages, Inc. d/b/a CLI Solutions (CLI) against the Army over increased costs to translate technical manuals. CLI contracted with the Army to translate advanced level armored vehicle maintenance manuals for use by the Afghanistan Army. The advanced level manuals included tasks from basic level manuals, but CLI only incorporated these tasks by reference – the tasks themselves were not translated. CLI and the Army disagreed over whether contract language stating that the basic manuals were provided to the contractor as government furnished information (GFI) “for reference” permitted CLI to incorporate information from them by reference. The Board found that CLI’s contract interpretation was reasonable, given that CLI notified the Army of its intent to use this reference-only approach and provided sample manuals, and the Army had no objections to this approach prior to performance. The Board pointed out that the contract gave CLI the option to utilize GFI in the “most effective” manner of its choosing when creating the advanced manuals, and there was no contract language prohibiting CLI’s method. The Board also found that the Army did not challenge CLI’s approach until after performance started.
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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


