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.
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Client Alert | 4 min read | 02.05.26
EU–Brazil Mutual Adequacy: A Milestone for Global Data Flows and Latin America’s Digital Positioning
On January 27, the EU and Brazil announced their positive determination on the mutual adequacy of Brazil’s and the EU’s data privacy frameworks — confirming the growing importance of transatlantic data transfers and the EU-Mercosur relationship. This adequacy decision, while not formally tied to the EU-Mercosur trade negotiations, is a historic development that can facilitate cross-border data transfers and fuel shared economic growth driven by data-centered service sectors.
Client Alert | 4 min read | 02.04.26
DOJ Antitrust Division Issues First-Ever Award Under Whistleblower Rewards Program
Client Alert | 4 min read | 02.04.26
New York District Court Confirms Insurance Coverage Must Mean Something
Client Alert | 13 min read | 02.04.26
