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Corrective Action Needs Correcting

Client Alert | less than 1 min read | 08.12.05

In Resource Consultants, Inc. (June 2, 2004 http://www.gao.gov/decisions/bidpro/2930733.pdf), the GAO sustained a protest because the agency had "abandoned" one of the ground rules for the re-evaluation of proposals, a re-evaluation that had been conducted as corrective action in response to an earlier protest. According to GAO, while the terms of the re-evaluation permitted offerors to submit revised price proposals only, revisions to the awardee's staffing costs were so extensive as to constitute technical proposal revisions; therefore, the agency should have permitted all offerors to submit revised technical proposals.

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Client Alert | 3 min read | 10.24.25

In a Move Affecting the Future of Data Centers, DOE Directs FERC to Act On Large Load Interconnections

On October 23rd, the U.S. Department of Energy (“DOE”) sent a letter to the Federal Energy Regulatory Commission (“FERC”) containing an Advance Notice of Proposed Rulemaking (“ANOPR”) with principles for all large load interconnections across the US, including those co-located with generating facilities.[1] Significantly, the Secretary of Energy states that the interconnection of large loads to the transmission system “falls squarely” within FERC’s jurisdiction, thus weighing in on a dispute that has been pending before FERC for over a year. This move appears to be a reaction to the continued pendency before FERC of the colocation dockets[2] and a technical conference on colocation held almost a year ago.[3]...