Government Accountability Office

News & Analysis as of

Once 8(a) Competitive, Not Always 8(a) Competitive

Unlike other sole source authorities for small business programs, such as that recently granted to the WOSB program via the 2015 NDAA, a recent decision from GAO confirms that the sole source authority given to the 8(a)...more

GAO Calls for Tighter Reins on Section 1115 Demonstrations

A recent GAO report examined expenditure authorities in “section 1115” demonstrations approved by HHS between June 2012 and October 2013. Section 1115 of the Social Security Act gives HHS broad authority to approve...more

GAO Report on Oversight of Medicaid Payments to Hospitals

The Government Accountability Office (GAO) has released a report entitled “Medicaid: CMS Oversight of Provider Payments Is Hampered by Limited Data and Unclear Policy.” The report examines how state Medicaid payments to...more

SBA Protests: When Size or Status Comes Into Question

In this presentation: - Key aspects of SBA size and eligibility protests - Why to file - Who and when to file - What to file - How SBA processes protests - Tips for filing SBA...more

GAO Upholds Agency Prohibition of Having Bid Prep Consultants Prepare Proposal

Are bid preparation consultants good or bad for the competitive procurement system? Contractors have argued about this for years. GAO recently upheld a solicitation provision forbidding the use of consultants to...more

GAO Report Analyzes Options for Medicare Card Technology

Historically, the Center for Medicare and Medicaid Services (“CMS“) issues all Medicare beneficiaries a paper card that includes the beneficiary’s name, Medicare number and eligibility status. Beneficiaries present the cards...more

4 potential signs of nursing home neglect

The National Center on Elder Abuse estimates that one in three nursing home residents in the United States suffer from neglect. Illinois investigates nursing homes every 15 months or less, but a study by the U.S. General...more

Another Option for Speedy Relief from an Adverse Agency Action

A recent and novel decision by the U.S. Government Accountability Office (“GAO”) could have broader implications for small business contractors that hold federal supply schedule and multiple award contracts. ...more

More Federal Agencies Expand EEO Protection to LGBT Employees and Private Litigants Continue to File Lawsuits Based on Gender...

In my supervisor training sessions, I used to note that Title VII prohibits discrimination based on sex, with a reminder that it applies to both sexes. In recent training sessions, however, I find that section now takes a...more

Reed Smith's Government Contracts Weekly Rundown - April 2015 #4

Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week....more

Weekly Update Newsletter - April 2015 #4

GOVERNMENT CONTRACTS - DoD Published Competition Report for 2nd Quarter of FY 2015 - The Department of Defense (DoD) issued the Competition Report for the 2nd quarter for fiscal year 2015. The report identifies...more

MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

The GAO Issued A Report Recommending Improvements For Aircraft Cybersecurity

On April 14, the Government Accountability Office (“GAO”) issued a report highlighting cybersecurity challenges as the Federal Aviation Administration (“FAA”) transitions to the Next Generation Air Transportation System...more

Possible Trouble for Contractors Who Use Consultants to Prepare Proposals

A recent GAO decision highlights the importance of understanding the extent to which the government’s request for proposals (RFP) allows for the use of consultants in assisting with proposal preparation. ...more

When JV Partners Disagree About Whether To Protest

These days, government contractors are pursuing federal work through joint ventures with increasing frequency. Among the reasons for this are that joint ventures allow contractors to combine resources and share risk. Not...more

Consequences for Large Primes Not Hitting Subcontracting Plan Goals

The U.S. Government Accountability Office (“GAO”) recently ruled that the Defense Logistics Agency (“DLA”) properly excluded a large business prime contractor’s proposal from the competitive range based in part on the...more

To File Or Not To File: Key Issues When Deciding To Protest

Deciding whether to file a bid protest can be difficult. Many companies are understandably reluctant to fight with a customer over a lost contract, and the payoff for a successful protest is not necessarily a contract award....more

When A Protest Isn't A Protest

In her familiar soliloquy in Shakespeare’s Romeo and Juliet, while longingly looking out of her window, Juliet said of her new-found love, Romeo: “What’s in a name? That which we call a rose/By any other name would smell as...more

Also In The News - Health Headlines - March 2015 #5

CMS Announces Billing Changes for Certain Inpatient-Only Procedures – Effective April 1, 2015, CMS will allow payment for Inpatient-Only procedures provided in an outpatient setting on the date of the inpatient admission, or...more

Congress Holds Hearing on 340B Program

The U.S. House of Representatives Committee on Energy and Commerce, Subcommittee on Health held a hearing on March 24, 2015 to review the functionality of the 340B Drug Pricing Program to understand how it impacts patients,...more

GAO Calls for Changes to Medicare Payments to PPS-Exempt Cancer Hospitals

A recent Government Accountability Office (GAO) report, “Medicare: Payment Methods for Certain Cancer Hospitals Should Be Revised to Promote Efficiency,” examines the Medicare reimbursement methodology for cancer hospitals...more

Weekly Update Newsletter - March 2015 #3

GOVERNMENT CONTRACTS - The Under Secretary of Defense Issues Memorandum Regarding the Appropriate Use of LPTA Source Selection Process and Associated Contract Type - The Under Secretary of Defense for...more

GAO Calls for Expanded HHS Efforts to Reduce Antipsychotic Drug Use in Community Settings

The Government Accountability Office (GAO) has issued a report examining the extent to which antipsychotic drugs are prescribed for older adults with dementia in nursing homes and other settings. ...more

GAO Allows New Company to Rely Upon Owner’s Personal Past Performance

Newly-organized small businesses often struggle to establish adequate past performance to successfully compete in the federal marketplace. Fortunately, in the matter of Recogniti, LLP, B-410658 (January 21, 2015), GAO ruled...more

Also In The News - Health Headlines - March 2015 #2

Committee on Energy and Commerce Subcommittee on Health Hearing Regarding 340B Drug Pricing Program – On Thursday, March 5, 2015, the Subcommittee on Health, chaired by Rep. Joe Pitts (R-PA), is holding a hearing titled...more

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