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Further Progress On What Used To Be The Berry Amendment

Client Alert | less than 1 min read | 07.05.07

For acquisitions of commercially available off-the-shelf (COTS) items, DOD has proposed to amend the DFARS to waive application of the statutory preference for domestic and qualified-country sourced specialty metals, formerly part of the Berry Amendment, but now codified at 10 U.S.C. 2533b (72 Fed. Reg. 35960 (July 2, 2007)) If adopted as a final rule, this waiver would be a major step toward making full compliance with the impractical statutory requirements a real possibility.

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Client Alert | 5 min read | 04.01.26

OPO Hospital Waiver Litigation: Trends and Takeaways

Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.  ...