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No Constructive Knowledge When Amendment Not Posted to FedBizOpps

Client Alert | 1 min read | 08.20.15

In Latvian Connection, LLC (Aug. 11, 2015), GAO held that the Army did not provide the protester enough time to respond to a "substantial" solicitation amendment when, although the amendment was posted to the Army Single Face to Industry (AFSI) website six days prior to the response deadline, it was not posted to FedBizOpps.gov and the protester did not see the posting on the AFSI until two days before the deadline. GAO rejected the Army's argument that the protester had constructive knowledge of the AFSI posting, holding that offerors are only charged with constructive knowledge of procurement actions published on a designated, government-wide point of entry, which, for business opportunities greater than $25,000, is only FedBizOpps.gov.


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....