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Conflicts of Interest Government Accountability Office Bid Protests

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Standing, Relationships, Responsibility

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (“GAO”) decisions and one Court of Federal Claims (“COFC”) decision. From COFC jurisdiction and standing, to meaningful relationship...more

Wiley Rein LLP

Bid Protest Lessons Learned From Oak Grove Technologies

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With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more

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

Blank Rome LLP

60-Second Sustains: Deloitte Consulting LLP and Softrams LLC

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Deloitte Consulting LLP - B-422094; B-422094.2 - • During the evaluation of the awardee’s quotation, the Department of Homeland Security identified a potential Organizational Conflict of Interest (“OCI”) with one of...more

Bass, Berry & Sims PLC

Bid Protest Minute: Proving an Organizational Conflict of Interest Exists

Bass, Berry & Sims PLC on

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

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

Venable LLP on

Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the...more

Morrison & Foerster LLP - Government...

Timeliness Traps: Adverse Action Before Receipt Of A Written Agency-Level Protest Decision

In the right circumstances, an agency-level protest can be a quick and efficient way to address certain procurement errors, as we discussed a few years ago. One downside of agency‑level protests, however, is their potential...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

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

Stinson - Government Contracting Matters

Protests Alleging an Unmitigated OCI Must Present “Hard Facts” Even When the Awardee Is the Incumbent

When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an...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

WilmerHale

GAO Bid Protest

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On September 24, 2020, the Government Accountability Office (GAO) sustained a protest brought by Teledyne Brown Engineering Inc. (Teledyne) against the $651.6 million National Aeronautics and Space Administration (NASA)...more

Wiley Rein LLP

GAO Calls Foul on Foosball: Social Gatherings Taint NASA Acquisition

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WHAT: The Government Accountability Office (GAO) sustained a protest filed by Teledyne Brown Engineering, Inc. (Teledyne) challenging the National Aeronautics and Space Administration's (NASA) award of a ground systems and...more

Bradley Arant Boult Cummings LLP

10 Reasons to Intervene in Bid Protests

As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a...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

Perkins Coie

Impaired Objectivity and the Ability to Influence: Avoiding Pitfalls in Mitigating OCI

Perkins Coie on

A common source of organizational conflicts of interest (OCI) is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests. These OCIs, termed “impaired...more

Morrison & Foerster LLP - Government...

September 2019 Bid-Protest Roundup

This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in September 2019. The first decision, ServeFed, Inc., B-417708, September 18, 2019, 2019 CPD ¶ ___, discusses the...more

Morrison & Foerster LLP - Government...

Corporate Transactions as a Basis for Protest (Post-Award Protest Primer #18)

Most corporate transactions go forward without protests. Several prominent protest decisions over the last few years, however, have drawn attention to the complicated and sometimes unpredictable effect corporate transactions...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

PilieroMazza PLLC

Don't Get Disqualified Because of Organizational Conflicts of Interest

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A recent decision from the Government Accountability Office (“GAO”) reiterates two important principles concerning organizational conflicts of interest (“OCIs”). First, proactive measures may allow a contractor to effectively...more

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