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Pitiful Price Evaluation Unfairly Caters To Certain Bidders

Client Alert | less than 1 min read | 01.03.06

In R&G Food Service, Inc., d/b/a Port-a-Pit Catering (Sept. 15, 2005 http://www.gao.gov/ decisions/bidpro/2964354.pdf), GAO sustained the protester's challenge to the agency's determination that its prices were not fair and reasonable. The GAO's found that, by improperly limiting its price evaluation to an examination of unit prices without also considering the estimated quantities of each item, the agency therefore failed to consider the likely actual cost to the government from the competing proposals.

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for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the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