CFC Has "Pre-Procurement" Protest Jurisdiction
Client Alert | 1 min read | 08.29.08
In a case of first impression, the Federal Circuit this week held in Distributed Solutions, Inc. v. U.S. (Aug. 28, 2008) that the Court of Federal Claims' bid protest jurisdiction over an alleged statutory or regulatory violation "in connection with a …proposed procurement" covered a challenge to an agency's decision to acquire software through an existing task order contract rather than by conducting a separate procurement for the software. GAO and the CFC had both dismissed the protest, but the Federal Circuit held that (a) a proposed procurement begins with the agency's process for determining its needs, and (b) that process had occurred here through an agency RFI market research effort, with the consequence that the subsequent agency decision to satisfy its needs through the existing task order contract was subject to the CFC protest jurisdiction over "proposed procurements."
Insights
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.
Client Alert | 8 min read | 04.27.26
Client Alert | 5 min read | 04.27.26
Drift Protocol Exploit: Why “Social Trust” Is the Newest Cybersecurity Gap
Client Alert | 4 min read | 04.27.26
Gaming Addiction Litigation: Turner v. Epic Games & Roblox and What It Means for the Industry
