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 | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....