Presolicitation Statements Not Dispositive Of Whether Mod Is Beyond Scope
Client Alert | less than 1 min read | 12.28.05
An agency's presolicitation statement that it did not initially intend a contract to include certain work did not bar the agency from later adding that work, according to the Court of Federal Claims in HDM Corp. v. United States (Dec. 14, 2005). Whether a contract was amended beyond its scope depends upon the breadth of the stated objectives of the solicitation, whether bidders were told that work could be added, and the nature of the added work, so early agency statements are not dispositive, the court held in this case successfully litigated by Crowell & Moring.
Insights
Client Alert | 3 min read | 09.08.25
RADV Audits: Implications and Recommendations for Medicare Advantage Organizations
CMS is well underway in initiating and conducting its Risk Adjustment Data Validation (RADV) audits of Medicare Advantage (MA) organizations for PY 2019, and PY 2020 audit notices are likely to arrive by the end of September. The timing for subsequent PY audits is less clear, but notices will likely be coming soon given CMS’s announced plans to complete all remaining audits by early 2026, including all contracts for PY 2020 and beyond. This approach marks a significant deviation from the agency’s prior policy of reviewing only a fraction of contracts and at a much slower pace.
Client Alert | 3 min read | 09.04.25
Client Alert | 2 min read | 09.03.25
Client Alert | 5 min read | 09.03.25
If You’re Not First, You’re Last: Federal Circuit’s First Review of an AIA Derivation Proceeding
