Challenge To OCI Waiver Falls Short
Client Alert | 1 min read | 09.09.10
In MCR Fed., LLC (Aug. 17, 2010) GAO denied the protester's challenge to the agency's decision, in the context of taking corrective action, to waive organizational conflicts of interest for two offerors to facilitate competition, noting that, "[w]here a procurement decision -- such as whether an OCI should be waived -- is committed by statute or regulation to the discretion of agency officials, our Office will not make an independent determination of the matter." GAO found that the agency complied with FAR 9.503, including approval by the agency head's designee and a written determination setting forth (i) the extent of the conflict and (ii) explanation for why application of the OCI rules would not be in the government's interests in the particular procurement.
Contacts
Insights
Client Alert | 9 min read | 01.06.26
Beyond the Checkout: Retail's 2026 Legal Minefield
2026 will be a significant year for retailers and e-commerce companies, with significant changes on the horizon that will affect the entire industry and ecosystem. Potential headwinds and developments in product safety, pricing, artificial intelligence, data privacy, website compliance, and environmental responsibility are expected. But amidst these changes, there are likely significant opportunities that retail and e-commerce businesses can capitalize on.
Client Alert | 6 min read | 01.06.26
California Privacy Agency Launches Data Broker Strike Force Amid Delete Act Crackdown
Client Alert | 4 min read | 01.05.26
Another Court Rules CASA Does Not Limit Universal Relief Available Under the APA
Client Alert | 7 min read | 01.05.26
Consideration of Artificial Intelligence in Arbitration Terms of Reference


