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With increasing cybersecurity obligations placed on government contractors come expanding legal risks. Bid protests challenging agency evaluations of offerors’ abilities to meet cybersecurity solicitation criteria are becoming more common. See, e.g., Systems Analysis & Integration, Inc., B-416899.2, 2019 Comp. Gen. Proc. Dec. ¶P15, January 2, 2019.  A federal district court in California recently denied a motion to dismiss a qui tam case alleging that a company fraudulently entered into a contract knowing that its cybersecurity system did not meet the contract’s requirements. United States ex rel. Markus v. Aerojet Rocketdyne Holdings, Inc., No. 2:25-cv-2245 WBS AC (E.D. Cal. May 2, 2019). Even more recently, the government suspended a contractor for cybersecurity failures evidencing a lack of business integrity.

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Originally published July 11, 2019.