1. Home
  2. |Insights
  3. |CFC Weighs in on Timeliness of OCI Protest

CFC Weighs in on Timeliness of OCI Protest

Client Alert | less than 1 min read | 01.26.12

In a case of first impression for the Court of Federal Claims and a victory for C&M, which represented the intervenor, the court concluded in CRAssociates v. U.S. (Dec. 23, 2011) that the protestor waives an organizational conflict of interest challenge when it (1) knows that a firm intends to compete, (2) knows the facts giving rise to an OCI concern, (3) notifies the agency of the OCI concern, (4) receives an indication that the agency will not take any remedial action, and (5) fails to file a pre-award challenge to the agency’s decision. The court’s analysis is generally consistent with GAO precedent.

Insights

Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....