Proof Of Actual Bias Not Required To Show Conflict Of Interest
Client Alert | 1 min read | 12.07.06
Using the rarely-invoked exception to its timeliness rules for protests raising issues of widespread interest to the procurement community, the GAO in Celadon Laboratories, Inc., (http://www.gao.gov/decisions/bidpro/ 298533.pdf, Nov. 1, 2006) upheld a protest challenging an HHS decision not to fund the protester’s Small Business Innovation Research proposal, finding a conflict of interest where the members of the Special Emphasis Panel (SEP) that evaluated (and rejected) the proposal were employed by, or funded by, firms that support a competing technology. Because of the specific conflict information protester brought to the agency’s attention during the evaluation, GAO not only rejected HHS’s reliance on its SEP’s self-certification but also, rejected the argument that actual bias must be shown and instead concluded that in cases in which the evaluator has a conflict, prejudice is presumed.
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Client Alert | 6 min read | 11.05.25
The EU’s Defense Readiness Roadmap and Omnibus: What Are the Competition Law Implications?
As part of a comprehensive plan to ensure that EU Member States achieve “defense readiness” by 2030, the European Commission has proposed a package of measures to facilitate public and private investments in defense by simplifying legal frameworks relevant to defense. In a previous alert, we provided an overview of the Defense Readiness Omnibus and examined its implications for defense procurement. In this alert, we focus on its implications for the enforcement of competition law.
Client Alert | 6 min read | 11.03.25
ICE Is Suddenly At The Door: How Retailers, Hospitals, And Hotels Can Survive The Surprise Visitor
Client Alert | 6 min read | 11.03.25
Client Alert | 13 min read | 10.30.25
Federal and State Regulators Target AI Chatbots and Intimate Imagery
