GAO Extends Reach Of OCI Protest Timeliness Rules

Law360, New York (September 21, 2016, 1:05 PM EDT) -- There have only been a handful of published decisions in which the U.S. Government Accountability Office has dismissed a protester's post-award organizational conflict of interest (OCI) protest ground for failing to raise the challenge via a pre-award bid protest. Moreover, such decisions have all involved an allegation that a competitor was improperly permitted to participate in the competition due to the competitor's actual or alleged OCI. Until now, that is. The GAO's recent decision in A Squared Joint Venture, B-413139, et al. (2016) appears to be the first published decision in which the GAO found a protester's post-award OCI allegation to be untimely where the protester failed to raise the allegation via a pre-award bid protest, and where the protester's OCI allegation involved the protester's — rather than a competitor's — eligibility to participate in the competition. This article examines the GAO's decision in the A Squared Joint Venture case....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!