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Chance to Change Pricing Generally Required After Corrective Action

Client Alert | 1 min read | 10.27.11

The GAO in Power Connector, Inc. (Aug. 15, 2011), reiterated that, when an agency changes a solicitation evaluation criteria in a material way as part of corrective action, it must allow offerors in the next round of proposals to alter their price – even when the change has no obvious relationship to pricing – because the offeror may have submitted a more competitive price had it known that its proposal would be less competitive in another evaluation area.  In response to agency concerns about the protestor having an unfair advantage in the recompetition as a result of learning of other offerors’ pricing during its debriefing, GAO instructed that the proper remedy was to level the playing field by disclosing all prices to all offerors, rather than to forbid price changes.

For further analysis, click here for related blog post by James Peyster.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....

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