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GAO Finds "Classic Example" Of Impaired Objectivity OCI

Client Alert | less than 1 min read | 09.10.04

In PURVIS Systems, Inc. (Aug. 16, 2004), GAO held that the Navy failed reasonably to consider or evaluate potential organizational conflicts of interest ("OCI") created by the awardee's role in evaluating performance of undersea warfare systems that have been manufactured either by the awardee or its competitors. GAO rejected the awardee's contention that no OCI issues could be created by the awardee's evaluation of the systems because such work was not "part of the procurement process" and explained that the situation presented a "classic example" of an "impaired objectivity" OCI.

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Client Alert | 6 min read | 07.10.25

Is there a Role Anymore for Supplemental Environmental Projects in Environmental Enforcement Settlements?

Supplemental Environmental Projects (SEPs) are voluntary, environmental or public health projects that parties subject to environmental enforcement proceedings can propose as part of an administrative, civil, or criminal settlement. SEPs are unique and used specifically in environmental enforcement cases in part because (1) many environmental law statutes do not require a showing of harm to prove a violation; thus, redressing harm, outside of equitable relief, is not usually statutorily required; and (2) pollution is a public harm that is hard to redress, both individually and collectively....