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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.

At the end of last month, the Department of Defense (“DoD”) issued a class deviation to implement Section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (“FY20 NDAA”), which seeks to reduce dependence on Russian energy by prohibiting the acquisition of energy sourced from inside Russia for DoD’s main operating bases in Europe.  The Section 2821 restriction is an expansion of earlier limits enacted by Congress on the use of Russian energy in DoD’s European operations.  Section 2821 is broader in scope than the earlier limits, and while it does contemplate that DoD may waive the prohibition in certain circumstances, the waiver process is demanding.  Contractors with a focus on supplying energy to DoD or supporting its missions in Europe should be familiar with the Section 2821 restriction and the new class deviation.
Continue Reading Targeting DoD’s Reliance on Russian Energy

As part of an ongoing Department of Defense (“DoD”) effort to increase its energy efficiency,  late last month the U.S. Army committed to develop its largest renewable energy project to date — a 65MW  wind and solar  project at Fort Hood.  This ambitious project will need to comply with the latest DoD rules regarding sourcing requirements for photovoltaic (“PV”) devices.  We previously analyzed the proposed rule issued by DoD in May 2015 that placed stricter sourcing requirements on PV devices.  Toward the end of last year, DoD issued a final rule implementing the requirements of the proposed rule with relatively minimal, but still notable, changes.  The solicitation for the Fort Hood project was amended to add the updated DFARS clause implementing this final rule.  The final rule tightens the sourcing restrictions for PV devices and may raise some compliance challenges for contractors.
Continue Reading Strict DoD 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

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

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

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

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

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

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

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