1. Home
  2. |Insights
  3. |GAO Bites Agency On Corrective Action Discussions

GAO Bites Agency On Corrective Action Discussions

Client Alert | 1 min read | 06.02.09

In American K-9 Detection Services, Inc. (May 5, 2009), GAO held that, in implementing corrective action in response to a protest, the agency improperly limited discussions primarily to allowing the awardee to fix its otherwise unacceptable proposal and that the limitation resulted in "unequal, not meaningful, discussions" because the agency failed to provide the protester with the opportunity to become more competitive by allowing it to address its own significant weaknesses or deficiencies through meaningful discussions. GAO also distinguished its untimeliness holding in Domain Name Alliance Registry, 2008 CPD ¶ 168, finding that there the agency informed offerors that the corrective action would not include discussions, while here "the agency did not clearly announce the ground rules of the corrective action."

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....