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Federal Acquisition Regulations (FAR) Conflicts of Interest Government Accountability Office

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more

Bass, Berry & Sims PLC

Bid Protest Minute: Proving an Organizational Conflict of Interest Exists

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On December 20, 2023, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing, among other things, that the procurement was tainted by an appearance of impropriety after the agency...more

Whitcomb Selinsky, PC

Teledyne Protests NASA Contact Award For Conflict Of Interest

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Teledyne Brown Engineering, Inc. protested a contract awarded to SGT, LCC by the National Aeronautics and Space Administration (NASA).  The acquisition was for ground systems and operations services at Marshall Space Flight...more

Morrison & Foerster LLP - Government...

August 2023 Bid Protest Roundup: Former Government Employees; Buy American Act Waivers

This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more

Whitcomb Selinsky, PC

OCI And Improper Best-Value Determination Bid Protest

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A procuring agency has wide latitude to define its evaluation criteria and relative priorities in soliciting quotations for services. Once it arrives at a decision, the agency must sufficiently document its justification for...more

Jenner & Block

Government Contracts Legal Round-Up - April 2023 #7

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Wiley Rein LLP

Newly Enacted Legislation Calls for Updates to the FAR’s OCI Rules

Wiley Rein LLP on

WHAT: President Biden signed into law the Preventing Organizational Conflicts of Interest in Federal Acquisition Act, Pub L. No. 117-324, which mandates updates to the Federal Acquisition Regulation’s (FAR) provisions...more

Sheppard Mullin Richter & Hampton LLP

Organizational Conflicts of Interests – Part 2: OCIs in Bid Protests

Last month, we began our three-part series on organizational conflicts of interests (“OCIs”) with an article discussing the different types of OCIs and how they can be mitigated. Now, in Part 2 of our series, we analyze how...more

Morrison & Foerster LLP - Government...

March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts Of Interest, And Insufficient Documentation

This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for...more

McCarter & English Blog: Government Contracts...

The GAO Sustains Protest Based On Awardee’s Organizational Conflicts Of Interest—An Important Lesson For All Contractors

If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (or perform) a government contract in a fair and equitable manner is inherently called into question. In the context of a...more

Woods Rogers

GAO Sustains Protest for Awardee’s Organizational Conflicts of Interest

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In its recent decision in the Matter of: Steel Point Solutions, LLC, the GAO considered the concept of Organizational Conflicts of Interest (OCI).  OCIs usually fall into one of three categories: “biased ground rules,”...more

Morrison & Foerster LLP - Government...

May 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC, highlights the...more

Morrison & Foerster LLP - Government...

September 2020 Bid Protest Roundup (Law360 Spotlight)

This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO). The first, Sumaria Systems, Inc., evaluates whether an agency’s use of the highest...more

Morrison & Foerster LLP - Government...

August 2020 Bid Protest Roundup (Law360 Spotlight)

This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the...more

Morrison & Foerster LLP - Government...

June 2020 Bid Protest Roundup

While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three...more

Cohen Seglias Pallas Greenhall & Furman PC

What is an Organizational Conflict of Interest (OCI) and How Can a Contractor Work With the Government to Mitigate One

Over the past couple of months, we have had several clients contact us to discuss issues involving Organizational Conflicts of Interest (OCIs). In each case, it seemed like there was some confusion either by the government,...more

Morrison & Foerster LLP - Government...

June 2018 Bid Protest Roundup

This month’s roundup features one noteworthy decision from the Court of Federal Claims (COFC) regarding improper agency corrective action, and two decisions from the Government Accountability Office (GAO) concerning unequal...more

Bradley Arant Boult Cummings LLP

GAO Clarifies Rules For Conflict Of Interest Waiver Protests

The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more

Morrison & Foerster LLP - Government...

January 2017 Bid Protest Roundup

The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old...more

Fox Rothschild LLP

Failure To Meaningfully Consider OCI

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For contractors, defending (and overcoming) bid protests that challenge contract awards based on alleged Organizational Conflicts of Interest (OCI) may hinge on what a contractor does at the very beginning of the procurement...more

Morrison & Foerster LLP - Government...

Organizational Conflicts of Interest (Post-Award Protest Primer #13)

Today we’ll consider Organizational Conflicts of Interest (OCIs) as a ground of protest. The Federal Acquisition Regulation (FAR) defines an OCI as a situation where “because of other activities or relationships with other...more

Morrison & Foerster LLP - Government...

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

Troutman Pepper

Organizational Conflicts of Interest: An Issue That Requires Government Contractors To Be Proactive

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In an effort to ensure there is no OCI or that your mitigation plan is effective and timely implemented, government contractors must be proactive when reviewing the agency’s needs in light of its mission, the solicitation,...more

Morrison & Foerster LLP

Elevating Form Over Substance: OCI Waiver Challenges at GAO

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

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