Scott A. Freling

Scott A. Freling

Scott Freling represents civilian and defense contractors, at all stages of the procurement process, in their dealings with federal, state, and local government customers and with other contractors. He has a broad-based government contracts practice, which includes compliance counseling, internal investigations, strategic procurement advice, claims and other disputes, teaming and subcontracting, and mergers and acquisitions. He represents clients in federal and state court litigation and administrative proceedings, including bid protests before the Government Accountability Office and the U.S. Court of Federal Claims. He also represents clients in obtaining and maintaining SAFETY Act liability protection for anti-terrorism technologies. Mr. Freling’s experience covers a wide variety of industries, including defense and aerospace, information technology and software, government services, life sciences, renewable energy, and private equity investment in government contractors.

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DoD Moves Forward with Stricter Sourcing Requirements for PV Devices

Earlier this week, the Department of Defense (“DoD”) issued a proposed rule to revise (and make stricter) the unique sourcing requirements applicable to certain photovoltaic devices that are used in the performance of DoD contracts.  Specifically, unless an exception under the Trade Agreements Act applies or a contractor secures a waiver based on public interest … Continue Reading

Federal Agencies Join Forces to Procure Solar Electricity

Earlier this month, the U.S. Environmental Protection Agency (“EPA”), U.S. Forest Service, Department of Energy, and General Services Administration (“GSA”) released a final solicitation for the Federal Aggregated Solar Procurement Project (“FASPP”).  Through the FASPP, these agencies seek to acquire cost-effective solar electricity at nine federal sites located throughout northern California and northern Nevada.  The … Continue Reading

Construction Company on a Federally Assisted Project Pays Nearly $2 Million After Labor Department Investigation

Last week, the U.S. Department of Labor announced that it has recovered $1,914,681.50 in back wages and fringe benefits allegedly owed to 147 workers of a Nevada-based company that provided construction services as a subcontractor at the Crescent Dunes Solar Energy Project, a federally supported solar power development located near Tonopah, Nevada.  The DOL investigation … Continue Reading

DLA Energy Issues Solicitation for New, Large-Scale Renewable Energy Generation Project

On October 17, 2014, the Defense Logistics Agency (DLA) Energy issued a solicitation for proposals to construct and operate a large-scale renewable energy project at Fort Hood in Texas, the U.S. military’s largest active duty armored post.  The Fort Hood project is part of the efforts of the Army Office of Energy Initiatives (OEI), which … Continue Reading

DOE Finalizes $4 Billion Clean Energy Technology Loan Guarantee Program

On July 3, 2014, the U.S. Department of Energy (“DOE”) issued a final solicitation for the Renewable Energy and Energy Efficient Projects Loan Guarantee Program.  As we previously reported with respect to the draft solicitation issued on April 16, 2014, the Program is expected to make up to $4 billion in loan guarantees available for … Continue Reading

White House Announces $2 Billion Goal for Energy Efficiency Performance Contracts

Last week, the White House announced a goal of acquiring $2 billion in energy efficiency upgrades at federal buildings over the next three years.  This $2 billion goal is in addition to existing commitments that the Obama Administration made in 2011, under which $2.7 billion has already been committed to fund energy efficiency upgrades.  The new … Continue Reading

DOE Issues Draft Solicitation to Provide $4 Billion in Financial Assistance for Clean Energy Technology

The Department of Energy (“DOE”) issued a draft solicitation yesterday for a new Renewable Energy and Energy Efficient Projects Loan Guarantee Program.  Once finalized, the Program is expected to make as much as $4 billion in loan guarantees available to innovative clean energy technology projects that are not currently in commercial use.  Based on DOE’s … Continue Reading

Army Adds 20 Contractors to its $7 Billion MATOC Program

Earlier today, the U.S. Army’s Energy Initiatives Task Force announced that 20 new contractors have been awarded Multiple Award Task Order Contracts (“MATOCs”) for future renewable energy development projects at Department of Defense (“DoD”) installations.  These contract awards by the Army Corps of Engineers are part of the Corps’ $7 billion “Renewable and Alternative Energy Power … Continue Reading

DoD Clarifies Sourcing Restrictions Applicable to Certain Photovoltaic Procurements

Earlier today, the Department of Defense (DoD) issued an interim rule that seeks to clarify when a contractor may use a non-U.S. manufactured photovoltaic (PV) device in certain government contracts.  The rule offers guidance to contractors in determining whether a PV device qualifies as a permissible “designated country” device, explaining that the test should focus … Continue Reading
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