'No Harm, No Foul' Is Bad Approach To OCI Mitigation

Law360, New York (April 8, 2015, 10:38 AM EDT) -- A recent decision by the U.S. Court of Federal Claims (COFC) should remind federal contractors of the risks and sometimes severe consequences associated with organizational conflicts of interest, particularly the care that must be exercised when a contractor believes that only a potential OCI exists.

In Monterey Consultants Inc. v. United States, No. 14-1164C (March 26, 2015), Judge Eric G. Bruggink upheld a contracting officer's decision to rescind a contract awarded to Monterey Consulting, following a post-award protest and corrective action, on the basis that Monterey and its subcontractor had unequal access to solicitation documents as a result of the team's prior...

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