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Competitive Range Of One Gets Close Scrutiny

Client Alert | less than 1 min read | 09.25.08

Reviewing the law that an agency's narrowing the competitive range to one results in close scrutiny, the CFC in L-3 Communications Eotech, Inc. v. U.S. (Sept. 23, 2008, http://www.crowell.com/pdf/L3-Communications_v_US-AimPoint_08-515.pdf) proceeded to set aside such a determination when the agency disqualified the protestor based on a failed functional test that it relaxed for the favored offeror. The court, after seeing a live demonstration of the hardware involved, also found irrational the agency's failure to seek clarifications when the protestor's perceived testing problem could have been corrected relatively easily.

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....