Elevating Form Over Substance: OCI Waiver Challenges at GAO

ComplianceThe Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver determinations, GAO has limited its analysis to only a perfunctory review of whether the agency met all procedural requirements for properly waiving an OCI. GAO has entirely avoided any meaningful consideration of whether the agency’s waiver was actually warranted. As a result, government contractors raising OCI allegations are faced with increased uncertainty.

Please see the full article as published by WestLaw Journal Government Contract.

Reprinted with permission.