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DoD Mandates Preparation for Climate Change

Client Alert | less than 1 min read | 01.18.16

On January 14, 2016, DoD issued Directive 4715.21 (Climate Change Adaptation and Resilience), which establishes a comprehensive framework for agency efforts to (i) address, mitigate, and adapt to climate change risks to U.S. military assets and operations; and (ii) integrate climate change risk considerations into DoD acquisition and mission planning. As described in this post [MAKE THIS A LINK], the DoD Directive does not address several questions that will likely be answered on a piecemeal basis through multiple new or modified regulations, standards, and guidelines, providing the private sector with several opportunities to shape implementation of the directive and to address downstream effects to contracts and corporate policies.

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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...