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Best Value Determination Doesn't Comply with High Value, Sole-Source IDIQ Requirements

Client Alert | less than 1 min read | 04.22.13

In the first published decision to interpret the selection criteria applicable to high value, sole-source, IDIQ contract awards, in CW Gov't Travel, Inc. v. U.S. the Court of Federal Claims made clear that the government is required to determine, per FAR 16.504(c)(1)(ii)(D), that the awardee is the only source that is qualified and capable of performing the work at a reasonable price before awarding a sole-source, IDIQ contract over $103 million. Because the government had based its award decision on best value criteria instead, the CFC ruled for the protester.


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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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