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Navy's Sparse Document Production Sinks Protest Defense

Client Alert | less than 1 min read | 12.28.15

In CORTEK, Inc. (Dec. 17, 2015), GAO determined that it could not find the Navy's evaluation and award decision reasonable when, in response to the protest, the Navy produced only very circumscribed portions of selected documents that were extensively redacted, to the point that the agency report failed to explain even the most basic details of the acquisition. The Navy's overly aggressive efforts to limit document production frustrated CICA's mandate that GAO resolve bid protests and led GAO to sustain the protest regarding the evaluation of several aspects of the awardee's proposal.

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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....