Try, Try Again

Client Alert | less than 1 min read | 12.02.15

In sustaining the second protest on past performance grounds filed by C&M on behalf of RGTS against the Air Force's $110 million award for F-15 support services, GAO held that the Air Force's purported corrective action and reevaluation was inconsistent with the solicitation because it improperly lumped together thousands of separate task orders under four IDIQ contracts, rather than reviewing past performance references for specific orders. Moreover, GAO held that the Air Force engaged in unequal treatment when it sought out and considered additional information for at least two other offerors, but refused to consider potentially mitigating information for RGTS that was readily available to the agency.


Insights

Client Alert | 5 min read | 04.23.26

CMS Proposes New Payment Policy for IOPOs and HCLs

In keeping with ongoing efforts to intensify regulatory oversight of organ procurement organizations (OPOs) and curtail improper spending within federal health programs, the Centers for Medicare & Medicaid Services (CMS) recently issued a proposed rule that would, among other adjustments, align Medicare payment policies for non-renal organs to be consistent with those currently applicable to kidneys. If enacted as drafted, this latest rule could have a direct impact on the financial stability of OPOs and histocompatibility laboratories (HCL) at a time when such organizations face increasing pressure to meet CMS’s new outcome measures — or else face non-renewal or decertification later this year. ...