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CMS Loses Medicare Protest Under New Competitive Procedures

Client Alert | less than 1 min read | 05.19.06

In one of the first procurements to use competitive procedures for the selection of Medicare carrier and fiscal intermediary contracts, GAO sustained the protest in CIGNA Gov't Services, LLC (May 4, 2006, http://www.gao. gov/decisions/bidpro/2979152.htm) because CMS had allowed the awardee to make multiple changes to its proposal after the deadline for final proposal revisions (FPR), but had not reopened discussions for the protester. The agency had not revealed these post-FPR communications, which were by email, with the initial agency report, and many were produced only after GAO noticed the case for hearing.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” ...