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OCI Exclusion Without Notice Denies Due Process

Client Alert | 1 min read | 09.22.08

In AT&T Govt. Solutions, Inc. (http://www.gao.gov/decisions/bidpro/400216.pdf), the Navy employed a quick-trigger solicitation provision ("The Contracting Officer will strictly avoid conflicts of interest . . . by disqualifying any potential offeror who has . . . even the appearance of a conflict") and excluded AT&T from the competition without any prior notice of the agency's OCI concerns that the offeror might theoretically favor its own products under this procurement for information operations support services. In sustaining C&M's protest for AT&T against this exclusion, GAO found that the Navy (1) denied AT&T the regulatory due process of providing notice and an opportunity to respond prior to an OCI exclusion, (2) failed to consider the proposed OCI mitigation plan, and (3) lacked support for the OCI assumption that "appears to be based more on unsupported inference than fact."

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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....