GAO Bid Protest Statistics for FY2019
Client Alert | less than 1 min read | 11.08.19
On November 5, 2019, the U.S. Government Accountability Office (“GAO”) released its Annual Report on Bid Protests for Fiscal Year 2019. GAO received and sustained slightly fewer protests than in FY2018, but the overall Effectiveness Rate—i.e., the percentage of time the protester received relief, such as voluntary corrective action or GAO sustaining its protest—held steady at 44%. The most common bases for sustained protests in FY2019 were (1) unreasonable technical evaluations; (2) inadequate documentation of agency records; (3) flawed selection decisions; (4) unequal treatment of offerors; and (5) unreasonable cost or price evaluations.
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Client Alert | 3 min read | 05.28.26
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Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the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.
Client Alert | 8 min read | 05.28.26
Texas Targets Big Tech With Wave of Suits and Investigations, Part of Nationwide Trend
Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
Client Alert | 3 min read | 05.27.26
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
