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GAO Ups the Ante on Biased Ground Rules OCIs

Client Alert | 1 min read | 03.15.10

In Energy Systems Group (Feb. 26, 2010), GAO found that the agency had acted reasonably in excluding the protester from the competition because of concerns about a biased ground rules organizational conflict of interest ("OCI") when protester had previously prepared a feasibility study in anticipation of a potential sole-source award upon which the agency relied to develop approximately 80% of the requirements for the competitive procurement at issue. GAO rejected protester's arguments that (i) at the time protester prepared the feasibility study, a competitive procurement was not anticipated and, therefore, the study could not affect an unanticipated competition; (ii) protester was unaware that the feasibility study might be incorporated into the requirements for the competitive procurement; and (iii) the feasibility study was released to all prospective offerors.

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Client Alert | 4 min read | 09.16.26

CMS Offers Guidance as Scrutiny Rises Over ABA Therapy in Medicaid

Between 2021 and 2025, Medicaid spending on ABA therapy grew six times faster than the number of children who received services, making it one of the fastest-growing areas of Medicaid expenditure, according to CMS. On August 4, 2026, CMS released a toolkit to help state Medicaid and CHIP agencies strengthen their programs and limit fraud, waste, and abuse tied to increased demand for ABA therapy. In 2025, Medicaid spent about $10 billion on ABA and related therapy services for children with ASD — a dramatic increase from the $2 billion spent in 2021. ...