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When Does An Oral Presentation Become A "Discussion"?

Client Alert | less than 1 min read | 03.04.04

GAO ruled that an offeror’s oral presentation and the ensuing question and answer session did not become "discussions" that would trigger other offerors’ rights to revise their proposals, upholding a huge military health services contract award in Sierra Military Health Services (Dec. 5, 2003) — a protest in which Crowell & Moring represented the awardee. Tackling a difficult issue with a fact-bound decision, GAO held that an offeror’s presentation and the Q&A session constitute "discussions" only if agency personnel gave that offeror a chance to revise its proposal in, for example, the answers to the evaluators’ questions.

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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. ...