Join us today for our webinar Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations. The Trump administration published two contract solicitations for the design-build of a “border wall” between the U.S. and Mexico. The RFPs (linked here and here) contemplate a multiple-award, multiple-phase approach for acquiring prototypes and, eventually, full construction. A team of Crowell & Moring government contracts and labor & employment attorneys will discuss key nuances of the solicitations, opportunities, and major contractual risks that may accompany the Trump administration’s large-scale border project. Please click here to register.
On Saturday, January 28, President Trump issued an Executive Order setting forth the ethics regulations governing current and future executive agency appointments, which is both more restrictive and less restrictive than the 2009 Obama Executive Order addressing the same issue. Specifically, and with respect to the former, President Trump’s order bans all executive agency appointees from engaging in “lobbying activities” with respect to the particular agency in which the appointee served for a period of five years after leaving the Administration, and further prohibits such appointees from lobbying on behalf of a foreign government or political party during the remainder of their lifetimes (if such activities would require registration “under the Foreign Agents Registration Act of 1938”). See §§ 1.1, 1.4. These two prohibitions were absent from the Obama-era counterpart and mirror two of Trump’s promises outlined in his Contract with the American Voter.
On October 17, 2014, the U.S. Defense Logistics Agency (DLA) issued a solicitation for the construction and operation of large-scale solar and wind projects at the Fort Hood military base. Fort Hood is the largest active military duty post in the U.S., located approximately 60 miles north of Austin, Texas.
The RFP, which is the latest renewable energy project under the landmark $7 billion Multiple-Award Task Order Contract overseen by the U.S. Army Office of Energy Initiatives (previously discussed here), seeks one or more energy development firms to build, own and operate renewable energy capacity capable of servicing 100% of Fort Hood electrical energy requirements – where peak energy demand is approximately 110 MW. The RFP contemplates a fixed price contract for up to 29 years with minimum annual production of 30 GWh from on-site solar resources and 200 GWh from off-site wind resources, with excess generation from off-site resources available for contractor use (subject to the government’s first right of refusal to purchase). All necessary facilities will be constructed, owned, operated, and maintained by the contractor for the duration of the contract, and the government will retain a purchase option at its expiration or early termination. The scale of the project demonstrates the Federal Government’s continued emphasis on expanded onsite use and development of renewable energy resources (discussed here, here, and here).
For a list of additional projects and opportunities under the MATOC, follow the link.