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NRO Prohibits Exclusive Teaming Agreements

Client Alert | less than 1 min read | 06.09.04

The National Reconaissance Office has adopted a clause prohibiting offerors on NRO procurements from entering into exclusive teaming agreements, based upon a determination that "such arrangements unduly limit competition." N15.209-70(i), prescribing N52.215-020, "Exclusive Teaming Prohibition (May 2004)." By contrast, having received comments that it could have the effect of impairing legitimate, pro-competitive teaming arrangements, DOD in April 2002 withdrew a proposed DFAR that would have required contracting personnel to refer to the Justice Department exclusive teaming agreements that they considered to be "anti-competitive," finding that there was no demonstrated need for such a regulation.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

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Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the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....

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