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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.

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

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

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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