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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.

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Client Alert | 14 min read | 03.13.26

AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems

On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities.  The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards.  The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed.  GSA requests comments by March 20, 2026....