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You Must Ante Up To Play In The Game

Client Alert | less than 1 min read | 05.11.06

The Federal Circuit in Rex Service Corp. v. U.S. (May 8, 2006) emphasized that a company must respond to a solicitation, even if it thinks it is flawed, to be able to have standing as an "interested party" to protest. Unless the company is prevented from bidding (e.g., by a sole-source award), a company does not meet the requirements of being "an actual or prospective bidder" with a "direct economic interest" if it could have bid but didn't.

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Client Alert | 5 min read | 04.01.26

OPO Hospital Waiver Litigation: Trends and Takeaways

Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.  ...