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Only Significant OCIs Require Mitigation


On August 5, 2010, the Federal Circuit in PAI Corp. v. U.S. affirmed the lower court's determination that contracting officers have an obligation to mitigate "significant" OCIs, but that the FAR does not require "mitigation of other types of conflicts, such as apparent or potential non-significant conflicts."  The Federal Circuit also held that contracting officers have broad discretion to determine whether an OCI is "significant" and that FAR 9.504(a) does not require that contracting officers document their initial identification and evaluation of potential conflicts.

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Thomas P. Humphrey
Senior Counsel – Washington, D.C.
Phone: +1 202.624.2633
John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579
Peter Eyre
Partner – Washington, D.C.
Phone: +1 202.624.2807