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Alternative Procurement Yields Protestor Bid Preparation Costs

Client Alert | less than 1 min read | 10.02.08

Klinge Corp. v. U.S. (Sept. 30, 2008) presented the unusual situation of the agency, after remand from a successful protest of an IDIQ award, purchasing the items under a separate Federal Supply Schedule contract instead. Perceiving no attempt to circumvent the prior ruling of the court or otherwise to act in bad faith, the CFC found that the two awards could have overlapped in any event and refused to enjoin the FSS award, while awarding the protestor its bid preparation costs under the original solicitation.

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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....