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Welcomed Guidance: DoD Issues Controlled Unclassified Information (CUI) Program Instructions

Client Alert | 1 min read | 03.31.20

The Defense Department (DoD) recently released Department of Defense Instruction (DoDI) 5200.48, “Controlled Unclassified Information (CUI),” which provides the DoD’s long-anticipated guidance on how to mark and handle CUI in accordance with the Federal Government’s broader CUI Program and DFARS 252.204-7012.  In doing so, it cancels legacy CUI guidance under DoD Manual 5200.01, Volume 4, “DoD Information Security Program: Controlled Unclassified Information.”

Notably, DoDI 5200.48 unveils the official DoD CUI Registry.  Although public access is currently restricted, the DoD CUI Registry is intended to provide an official list of Indexes and Categories that the DoD will immediately begin using to affirmatively identify CUI provided to its contractors, potentially clarifying what has been a common source of confusion for the contracting community. 

DoDI 5200.48 is part of the DoD’s “phased” approach to fully implementing its CUI Program, and it notes throughout that additional guidance will be forthcoming.

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Client Alert | 4 min read | 09.15.26

GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm

The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”...