Relaxation Of Requirements = Out-Of-Scope Mod
Client Alert | less than 1 min read | 06.22.05
In Poly-Pacific Technologies, Inc. (June 1, 2005 http://www.gao.gov/decisions/bidpro/296029.pdf), GAO found that an agency's modification that relaxed the requirements of an existing contract amounted to an improper out-of-scope modification and that the agency was required to have conducted a new competition. This decision shows that "cardinal" modifications can occur with relaxations, as well as expansions, of requirements.
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Client Alert | 8 min read | 09.09.25
On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”
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RADV Audits: Implications and Recommendations for Medicare Advantage Organizations
