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OGE Issues Final Rule On Post-Employment Conflict Of Interest Restrictions

Client Alert | 1 min read | 07.01.08

The Office of Government Ethics (OGE) issued a 42-page final rule (http://www.crowell.com/PDF/Federal-Register_06-25-08.pdf) providing guidance, including examples, on various post-employment restrictions under section 207 of title 18, including the permanent, one-year, and two-year representational bans applicable to former government employees and, relatedly, the companies that hire them. Because some of the key terms in title 207 are also used in other conflict of interest statutes and regulations -- e.g., the procurement integrity compensation ban in title 41 and FAR 3.104, as well as the conflict of interest restriction governing employment discussions between government personnel and the private sector under section 208 -- the OGE rule has broad applicability and relevance.

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Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....