GAO Protest Jurisdiction Covers Concession Contracts
Client Alert | 1 min read | 03.22.04
In Shields & Dean Concessions, Inc. (Feb. 23, 2004), GAO took jurisdiction over the protest of a concessions contract awarded by the National Parks Service ("NPS"), stating that, because the concession contract at issue involved the delivery of goods and services to the government, as well as certain groundskeeping and construction services, the contract was a "procurement" within the meaning of CICA, and, therefore, was within GAO's bid protest jurisdiction. Notwithstanding its reliance on CICA to assume jurisdiction, GAO noted that, pursuant to statute, for concession contracts NPS is not bound by the provisions of CICA and the FAR that govern the conduct of procurements, and GAO therefore reviewed the award decision to determine whether it was consistent with the specific statute and regulation governing NPS concession contract and the terms of the solicitation and otherwise reasonable, and sustained the protest.
Contacts
Insights
Client Alert | 3 min read | 05.28.26
Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program.
Client Alert | 8 min read | 05.28.26
Texas Targets Big Tech With Wave of Suits and Investigations, Part of Nationwide Trend
Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
Client Alert | 3 min read | 05.27.26
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
