Challenge To OCI Waiver Falls Short
Client Alert | 1 min read | 09.09.10
In MCR Fed., LLC (Aug. 17, 2010) GAO denied the protester's challenge to the agency's decision, in the context of taking corrective action, to waive organizational conflicts of interest for two offerors to facilitate competition, noting that, "[w]here a procurement decision -- such as whether an OCI should be waived -- is committed by statute or regulation to the discretion of agency officials, our Office will not make an independent determination of the matter." GAO found that the agency complied with FAR 9.503, including approval by the agency head's designee and a written determination setting forth (i) the extent of the conflict and (ii) explanation for why application of the OCI rules would not be in the government's interests in the particular procurement.
Contacts
Insights
Client Alert | 7 min read | 05.21.26
A New Playbook for M&A in the EU: The European Commission's Draft Merger Guidelines - 10 Key Changes
On 30 April 2026, the European Commission published draft merger guidelines that will replace both the 2004 Horizontal Merger Guidelines and the 2008 Non-Horizontal Merger Guidelines, consolidating them into a single analytical framework.
Client Alert | 3 min read | 05.21.26
Judge Jennifer Choe-Groves Takes Over Several DNJ Hatch-Waxman Cases
Client Alert | 7 min read | 05.19.26
American and Allied Cyber Agencies Issue First Joint Guidance on Securing Agentic AI
Client Alert | 3 min read | 05.19.26
