1. Home
  2. |Insights
  3. |CFC Weighs in on Timeliness of OCI Protest

CFC Weighs in on Timeliness of OCI Protest

Client Alert | less than 1 min read | 01.26.12

In a case of first impression for the Court of Federal Claims and a victory for C&M, which represented the intervenor, the court concluded in CRAssociates v. U.S. (Dec. 23, 2011) that the protestor waives an organizational conflict of interest challenge when it (1) knows that a firm intends to compete, (2) knows the facts giving rise to an OCI concern, (3) notifies the agency of the OCI concern, (4) receives an indication that the agency will not take any remedial action, and (5) fails to file a pre-award challenge to the agency’s decision. The court’s analysis is generally consistent with GAO precedent.

Insights

Client Alert | 3 min read | 06.22.26

Timing Is Everything: GAO Dismisses Three Protests Filed Before the Solicitation Deadline but After GAO’s Daily Cutoff Time

A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time. ...