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Bad Estimates Support Constructive Change Without Proof of Government Negligence

Client Alert | less than 1 min read | 07.10.13

In IAP World Servs., Inc. v. Dep't of Treasury (June 20, 2013), the Civilian Board of Contract Appeals held the government liable when a maintenance contractor's service calls took longer to perform than calls in historical data furnished to prospective offerors and the government had said the historical data were a "reasonable basis" for firm-fixed-price proposals. Finding that the contractor had relied on the faulty data to price its proposal and that the contractor need not prove government negligence, the CBCA decided that the longer service calls were a constructive change to the contract and awarded the contractor its increased costs of performance.


Insights

Client Alert | 7 min read | 08.19.26

CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care

On August 13, 2026, the Centers for Medicare and Medicaid Services (CMS) published its final rule banning the use of federal funds — through Medicaid and the Children’s Health Insurance Program (CHIP) — to pay for gender-affirming care for children and youth. The final rule takes effect October 13, 2026 (“Prohibition on Federal Medicaid and Children's Health Insurance Program Funding for Sex-Rejecting Procedures Furnished to Children”). While CMS finalized several key elements of its late-2025 proposed rule (Client Alert December 24, 2025), the proposed Medicare hospital Condition of Participation rule remains in proposed form....