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ARTICLE · 09 FEBRUARY 2018

January 2017 Bid Protest Roundup

Morrison Foerster
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GAO issued three decisions in January 2018 addressing OCI evaluations.

United StatesGovernment, Public Sector
Sandeep Nandivada
Sandeep Nandivada
Locke Bell
Locke Bell
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The Government Accountability Office ("GAO") started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO's decisions show that while time marches forward, old habits die hard.

Organizational Conflicts of Interest

GAO issued three decisions in January 2018 addressing OCI evaluations.

1. Superlative Techs., Inc.; Atlantic Sys. Grp., Inc., B-415405 et al., January 5, 2018, 2018 WL 585679.

In Superlative, the protester alleged the awardee and its proposed subcontractor had unequal access to information, biased ground rules, and impaired objectivity OCIs. The protester claimed the awardee and its subcontractor had an unequal access to information OCI because both had access to sensitive, non-public information through previously awarded task orders, including access to broad information concerning other offerors and access to strategic level documents. With respect to the biased ground rules OCI, the

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