OCIs Down Air Force Award
Client Alert | less than 1 min read | 09.14.09
In L-3 Servs., Inc. (Sept. 3, 2009) the GAO found unreasonable the Air Force's conclusions that the awardee did not have either a "biased ground rules" or "unequal access to information" OCI when the awardee's subcontractor had performed procurement planning services that put it in a position to affect the subsequent competition and that gave the subcontract access to non-public information that potentially conferred an unfair competitive advantage in that subsequent competition. The Air Force had initially gotten it right, determining that the subcontractor was barred from participating in the subsequent procurement, only to reverse that decision, thereby setting the stage for GAO's decision sustaining the protest.
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Client Alert | 4 min read | 07.31.26
On July 23, 2026, the U.S. Department of Justice’s Antitrust Division announced that it will again use targeted Second Request investigations and released a revised Model Timing Agreement, another signal that this Antitrust Division continues to take a more business friendly approach toward merger review. The model introduces an optional “Expedited Consideration” process that gives merging parties the option to address discrete competitive concerns identified by the DOJ before undertaking full Second Request compliance.
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GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
