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Request For Clarification Amounts To Discussions

Client Alert | less than 1 min read | 08.04.06

In University of Dayton Research Institute (June 15, 2006, http://www.gao.gov/decisions/bidpro/2969466.pdf), the GAO found that an agency's request for vendors to clarify certain discrepancies in their proposed rate tables constituted discussions because the proposal discrepancies were so material that the agency could not conduct a price evaluation without the clarifications and the corrections resulted in significant changes to the proposed prices. As a consequence, GAO held that the agency was required to conduct meaningful discussions with all offerors in the competitive range, which it had not done with the protester.

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Client Alert | 7 min read | 11.02.26

DOL Finalizes PBM Fee Disclosure Requirements

On October 29, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued a 350-page final rule requiring providers of pharmacy benefit management services and their affiliated brokers and consultants to disclose fees and compensation received to fiduciaries of covered large, self-insured ERISA group health plans. According to DOL’s accompanying fact sheet, the disclosures will give employers more visibility into the payments PBMs may receive from various sources and help fiduciaries evaluate and monitor arrangements over time. ...