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'Page-Count' Method Supports Claim For Reimbursement Of Protest Costs

Client Alert | 1 min read | 08.17.06

Despite the agency's blanket objections to almost all of a prevailing protester's claimed costs, the Government Accountability Office ("GAO") in BAE Technical Services, Inc. - Costs , B-296699.3 (Aug. 11, 2006), http://www.gao.gov/decisions/bidpro/2966993.pdf, held that the protester was entitled to recover costs attributed to almost all of the issues raised as they are "largely intertwined parts of [its] basic objection that the [agency] misevaluated proposals and treated offerors unequally." Although the records of the time spent on the protest were not detailed enough to attribute time on an issue-by-issue basis, GAO relied on the application of a "page-count" method to conclude that approximately 94.5 percent of the number of pages in submissions to GAO were devoted to issues related to the meritorious protest allegations.

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Client Alert | 4 min read | 11.10.26

D.C. District Court Upholds CMS’s 2020 Organ Procurement Rule

It’s been about a month since the U.S. District Court for the Middle District of Florida upheld the Centers for Medicare and Medicaid’s (CMS) final rule governing organ procurement organizations (OPM). (See our previous Client Alert here.) The U.S. District Court for the District of Columbia followed suit. In contrast to the Florida decision, the D.C. decision was brief and to the point. The rule establishes a competitive model for classifying OPOs under the following three tiers. ...