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Potential OCI Short-Circuits Sole-Source Award

Jan.17.2008

In Superlative Technologies, Inc. (Jan. 4, 2008, http://www.gao.gov/decisions/bidpro/310489.pdf), GAO held improper the cancellation of a solicitation by DOJ due to potential Procurement Integrity Act (PIA) and organizational conflict of interest unfair competitive advantage problems when DOJ turned around and awarded a sole-source contract for the same work to a contractor using as a subcontractor the company with the PIA/OCI problem. GAO recommended that DOJ reopen the competition and follow the procurement integrity and OCI regulations to determine the scope of the problem and whether any offerors should be disqualified or other corrective actions should be required.

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Frederick (Rick) W. Claybrook Jr.
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Email: rclaybrook@crowell.com
Thomas P. Humphrey
Partner – Washington, D.C.
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Email: thumphrey@crowell.com