Client Alerts & Newsletters

OCI Exclusion Without Notice Denies Due Process

September 22, 2008

In AT&T Govt. Solutions, Inc. (http://www.gao.gov/decisions/bidpro/400216.pdf), the Navy employed a quick-trigger solicitation provision ("The Contracting Officer will strictly avoid conflicts of interest . . . by disqualifying any potential offeror who has . . . even the appearance of a conflict") and excluded AT&T from the competition without any prior notice of the agency's OCI concerns that the offeror might theoretically favor its own products under this procurement for information operations support services. In sustaining C&M's protest for AT&T against this exclusion, GAO found that the Navy (1) denied AT&T the regulatory due process of providing notice and an opportunity to respond prior to an OCI exclusion, (2) failed to consider the proposed OCI mitigation plan, and (3) lacked support for the OCI assumption that "appears to be based more on unsupported inference than fact."

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

James J. Regan
Partner – Washington, D.C., London
Phone: +1.202.624.2930 , +44.20.7413.0011
Email: jregan@crowell.com

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

View Desktop Site | Mobile Sitemap |

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2022
Attorney advertising - prior results do not guarantee a similar outcome.