OCI Exclusion Without Notice Denies Due Process
Client Alert | 1 min read | 09.22.08
In AT&T Govt. Solutions, Inc. (http://www.gao.gov/decisions/bidpro/400216.pdf), the Navy employed a quick-trigger solicitation provision ("The Contracting Officer will strictly avoid conflicts of interest . . . by disqualifying any potential offeror who has . . . even the appearance of a conflict") and excluded AT&T from the competition without any prior notice of the agency's OCI concerns that the offeror might theoretically favor its own products under this procurement for information operations support services. In sustaining C&M's protest for AT&T against this exclusion, GAO found that the Navy (1) denied AT&T the regulatory due process of providing notice and an opportunity to respond prior to an OCI exclusion, (2) failed to consider the proposed OCI mitigation plan, and (3) lacked support for the OCI assumption that "appears to be based more on unsupported inference than fact."
Contacts
Insights
Client Alert | 3 min read | 04.24.24
On April 12, 2024, the Tenth Circuit issued a decision in I DIG Texas LLC v. Kerry Creager, which analyzed country-of-origin claims in a manner that diverged from the well-established Federal Trade Commission’s “Made in USA” policy.
Client Alert | 2 min read | 04.24.24
FTC Continues Focus on Tracking Technologies and Personal Health Data
Client Alert | 9 min read | 04.24.24
Client Alert | 4 min read | 04.24.24
Muldrow Case Recalibrates Title VII “Significant Harm” Standard