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Triple Whammy: Agencies Flunk Price Evaluations

Client Alert | less than 1 min read | 07.30.15

With the government's increased focus on price in the face of tightening budgets, GAO has also increased its focus on price evaluations by agencies. In recent weeks, disappointed offerors have successfully challenged (1) the Air Force's price reasonableness and price realism analysis in KWR Constr. Inc., (2) the VA's failure to meaningfully evaluate price realism—despite an express statement requiring it in the solicitation—in B&B Med. Servs., Inc., and (3) the Air Force's unequal treatment of the protester's labor rates when performing price realism analysis in Cubic Applications, Inc.


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Client Alert | 4 min read | 04.16.26

ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk

Is evidence that a company tracked return on investment (ROI) for certain actions and expenses sufficient to prove mens rea and plead a violation of the federal Anti-Kickback Statute (AKS) with the requisite particularity? A recent decision in the U.S. District Court for the Southern District of New York (SDNY) suggests that it is....