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Misleading Discussions Can Be With Awardee

Client Alert | 1 min read | 10.19.06

In Advanced Systems Development, Inc. (Sept. 19, 2006, http://www.gao.gov/decisions/bidpro/298411.pdf), the GAO held that the agency improperly tipped the tables when it incorrectly advised the future awardee in discussions that one portion of its price violated the solicitation's price target and never disclosed that the excess was caused at least in part by an upward adjustment the agency had made to compensate for an error in another part of the awardee's pricing proposal. In response to this incorrect and incomplete information provided during discussions, the offeror lowered its final price below that of the competition, including the protestor, who prevailed on the theory that the agency's discussions with the awardee were not meaningful.

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Client Alert | 7 min read | 12.17.25

CARB Proposes Regulations Implementing California GHG Emissions and Climate-Related Financial Risk Reporting Laws

After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations....

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