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Price Realism Requirement Must Be Stated to Allow Unacceptability Finding

Client Alert | less than 1 min read | 11.25.15

In W.P. Tax & Accounting Group (Nov. 13, 2015), GAO reminded agencies that, in fixed-price procurements, below-cost pricing is not inherently improper and cannot serve as the basis for a technical unacceptability finding when the solicitation does not provide for a price realism evaluation. Because the solicitation in W.P. said nothing about a price realism evaluation, GAO overturned the agency's rejection of the low-priced vendor's quotation as technically unacceptable and recommended that the agency either reevaluate the vendor's quotation against the stated evaluation criteria or amend the solicitation to provide for a price realism evaluation.


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Client Alert | 10 min read | 07.08.26

Proactive Compliance in Health Care: “Getting Ahead” of Enforcement in 2026 and Beyond

As federal and state regulators alike continue to tout holding health care organizations accountable for alleged fraud, waste, and abuse as a top priority, ensuring compliance and minimizing enforcement risk has never been more imperative — or more challenging. Health care organizations operate at the intersection of rapid technological changes and within an increasingly complex regulatory landscape, where the rules governing scrutinized areas such as privacy, AI, billing integrity, and strategic transactions are being written, rewritten, and enforced in real time. Treating compliance as a periodic documentation exercise is simply not an option. Today, an effective risk mitigation strategy must be grounded in two complementary elements: a thorough understanding of evolving regulatory obligations and a candid internal assessment of potential points of exposure....