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GAO Sends Agency Back To The Drawing Board -- Again

Client Alert | less than 1 min read | 01.13.09

When Nortel, represented by C&M, challenged DEA's award of an IT services contract based on a possible OCI, DEA decided to take corrective action after GAO's "outcome prediction" alternative dispute resolution conference. DEA reaffirmed its selection, and in round two in Nortel Gov't Solutions, Inc. (Dec. 30, 2008), GAO found that DEA had (1) still failed to determine the extent of the awardee's OCI and (2) unreasonably concluded that the awardee's mitigation plan was acceptable when the awardee would be required to review and provide input on designs it proposed under a separate contract with DEA.

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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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