1. Home
  2. |Insights
  3. |Likely OCI Due to Unequal Information Access Yields PI

Likely OCI Due to Unequal Information Access Yields PI

Client Alert | less than 1 min read | 06.17.11

In NetStar-1 Gov't Consulting, Inc. v. U.S., the Court of Federal Claims granted a preliminary injunction after concluding that an unequal access to information organizational conflict of interest was likely given that the awardee had access under a prior contract with the same agency to a database that included information regarding NetStar-1's labor categories, job categories, and fully-loaded labor rates and that efforts accepted by the CO to mitigate that OCI were ineffective. The court concluded that after-the-fact declarations by the awardee's cost proposal preparers professing a lack of access to NetStar-1's proprietary information were insufficient to establish lack of prejudice.

Insights

Client Alert | 4 min read | 09.15.26

GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm

The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”...