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OCIs Must Be Considered During M&A Activity

Client Alert | 1 min read | 04.01.10

In McCarthy/Hunt, JV (Feb. 16, 2010) and B.L. Harbert-Brasfield & Gorrie, JV (Feb. 16, 2010), GAO found that the awardee had both an "unequal access to information" and a "biased ground rules" OCI when a firm, which was negotiating to acquire the awardee's design subcontractor, had performed procurement planning and development services for the procurement at issue, including preparation of design documents, plans, specifications, and cost estimates. GAO presumed prejudicial impact from the OCIs and recommended that the Army Corps of Engineers eliminate the awardee from the competition because (i) the awardee could have had access to helpful information beyond what was disclosed in the solicitation (e.g., the agency's unstated priorities, preferences, and dislikes), and (ii) the competition could have been skewed in favor of the awardee by virtue of the fact that the entity negotiating to acquire the awardee's design subcontractor played a role in preparing the solicitation requirements.

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Client Alert | 2 min read | 11.11.26

President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner

On November 10, 2026, President Trump nominated Peter A. Feldman to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC) and to serve another seven-year term as Commissioner. The nominations signal the administration's intent to maintain continuity of leadership at the CPSC during a period of heightened regulatory activity. ...