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Option Exercise Not Fully Discretionary

Client Alert | less than 1 min read | 08.29.06

Relying on CFC precedent, the GSBCA in Northrop Grumman Computing Systems, Inc. (June 26, 2006, http:// www.gsbca.gsa.gov/appeals/y1636726.pdf), reiterated that an agency by contract can restrict its normally unlimited discretion whether or not to exercise an option. In this instance, the contractor stated a valid case that the agency had violated its express duties to use its best efforts to gain funding to allow exercise of the option and not to buy other equipment to do the same job.

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Client Alert | 4 min read | 09.26.25

Court Vacates CMS’s 2023 Final Rule on RADV Audits

On September 25, 2025, the Northern District of Texas granted plaintiffs’ motion for summary judgment in Humana v. Becerra, vacating CMS’s 2023 Final Rule regarding risk adjustment data validation (RADV) audits. In the litigation, Humana challenged CMS’s decision in the Final Rule to not continue applying a Fee-for-Service (FFS) adjuster to its RADV audit methodology....