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Failure to Comply with Section L Instructions Invalidates Award

Client Alert | less than 1 min read | 04.13.12

In The Emergence Group (Feb. 29, 2012), the protestor, represented by Crowell & Moring, achieved an exception to the general rule that an agency is not required to evaluate offerors for compliance with RFP submission (Section L) requirements. In this case, the evaluation criteria (Section M) stated that compliance with Section L was mandatory, and the protest was sustained because the agency allowed offerors failing to submit the minimum number of past performance references per Section L to receive top evaluation marks.


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Client Alert | 6 min read | 04.29.26

CMS Seeks to Expand Interoperability Requirements to Drug Pre-Authorization (FAQ)

On April 10, 2026, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule (2026 CMS Interoperability Standards and Prior Authorization for Drugs, or CMS-0062-P) outlining the agency’s plans to impose new interoperability requirements on payors participating in certain Medicare and Medicaid programs. As described by the agency in a recent press release, the proposed rule “builds on” prior rulemaking by clarifying and enhancing interoperability requirements for payors’ prior authorization processes, specifically those associated with coverage requests for pharmaceutical therapies....