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Negative Responsibility Determination Overturned

Client Alert | 1 min read | 12.02.10

In Bilfinger Berger AG v. U.S. (Nov. 19, 2010), the CFC found that the Army Corps of Engineers had unreasonably relied on the opinion of an Italian lawyer applying Italian law to disqualify an offeror for when the Corps had failed to describe all the relevant situation to the attorney and issued a preliminary injunction stopping all work under the contract. The case is another example of the little deference that the CFC gives GAO opinions, as the GAO had found in the Corps' favor on the same facts, and Judge Sweeney also joins those on the court who have ruled that the jurisdiction under 1491(a)(1) of the court to consider a breach of the implied-in-fact contract to consider a solicitation fairly and consistently with the solicitation is intact after the addition of bid protest jurisdiction in 1491(b)(1) and the Federal Circuit's decision in Resource Conservation Group earlier this year.

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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....

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