Flawed Discussions Nixes Award
Client Alert | less than 1 min read | 06.11.12
In KPMG LLP (May 21, 2012), GAO sustained a challenge to CIA's conduct of discussions, finding the agency misleadingly informed KPMG that proposals should include resumes for all proposed personnel, yet the awardee proposed – and CIA accepted – only representative resumes, which allowed the awardee to offer a lower cost. GAO also found CIA's cost realism evaluation inadequate, stressing that CIA's evaluation documentation reflected "no meaningful consideration" of whether cost reductions associated with the awardee’s technical approach would actually occur.
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FERC Requires Refunds for Late QF Recertification
On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued Branch Street Solar Partners, LLC et al., 194 FERC ¶ 61,124 (2026) rejecting the refund reports filed in connection with the late filing of recertifications of qualifying facility (QF) status by certain affiliated companies to reflect a change in upstream ownership. FERC’s rearticulation of QF recertification timing requirements and consequences for late QF recertifications has broad and substantial implications for all QF owners.
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DOJ v. OhioHealth Confirms Antitrust Enforcers’ Continued Focus on Health Care Markets
