News & Analysis as of

Government Accountability Office

This Year May be a Game Changer for 340B Drug Discount Program, Take Two

I previously said that the year 2014 may be a game-changer for the 340B Drug Discount Program. Increasing HRSA audits, a lawsuit over the 340B Orphan Drug Rule, and HRSA’s promise to issue a 340B mega-regulation, all pointed...more

A rule by any other name: What is a ‘rule’ subject to disapproval under the Congressional Review Act?

by Thompson Coburn LLP on

In addition to formal regulations, informal federal regulatory guidance has become commonplace in the world of banking law. The terms “guidance,” “bulletin,” “interagency statement,” “advisory letter,” “financial...more

U.S. Court of Federal Claims Reports on Busy and Productive FY17

by Bass, Berry & Sims PLC on

The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

2017 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2017. The...more

Highly Anticipated Report on Bid Protests is Finally Here!

RAND Corporation recently issued its much-anticipated report on the prevalence and impact of bid protests. The report, which was issued at the direction of Congress, contains a plethora of important—and interesting—findings,...more

Pushing “PAUSE” on the 340B Program: The New Bi-Partisan Bill that Could Reshape the 340B Program

by McDermott Will & Emery on

In late December 2017, Republican Rep. Larry Bucshon (with bi-partisan support) introduced the “340B Protecting Access for the Underserved and Safety-net Entities Act” (340B PAUSE Act), legislation that would implement a...more

Organizational Conflicts of Interest (Post-Award Protest Primer #13)

Today we’ll consider Organizational Conflicts of Interest (OCIs) as a ground of protest. The Federal Acquisition Regulation (FAR) defines an OCI as a situation where “because of other activities or relationships with other...more

Enhanced Post-Award Debriefing Requirements Included in Final Version of FY 2018 NDAA

by PilieroMazza PLLC on

We recently wrote about enhanced post-award debriefing requirements included in the Senate’s version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 [read article here]. The final NDAA signed into law...more

OIG December 2017 Work Plan Update

by Baker Ober Health Law on

The OIG added six items to its Work Plan with the December 2017 update, as listed in the chart below. Interestingly, three of the new items relate to Medicaid, and two relate to the opioid epidemic. Medicare Advantage...more

New Year’s Resolutions: Top 5 Consequential Changes in the 2018 NDAA

by Blank Rome LLP on

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 was signed into law on December 12, 2017, and authorizes a topline national defense budget of $700 billion. While the 2018 NDAA makes a number of changes to...more

Weekly Update Newsletter - December 2017 #2

by PilieroMazza PLLC on

SMALL BUSINESS - GSA Names 80 Small Businesses to Lead Alliant 2 SB Competition - On December 7, 2017, the GSA released a pre-award list of 80 companies in the running for the five-year, $15 billion Alliant 2 Small...more

DOI Identifies Burdens to Energy Development on US Tribal Land

by Latham & Watkins LLP on

Stakeholders interested in energy development on US tribal lands will welcome recent Department of Interior (DOI) efforts that identify a key burden to energy development on these lands — as well as the Bureau of Indian...more

US Federal Banking Regulators May Re-evaluate Leveraged Lending Guidance

by Shearman & Sterling LLP on

The US Board of Governors of the Federal Reserve System, and the US Federal Deposit Insurance Corporation sent letters to Representative Blaine Luetkemeyer stating that they are considering seeking public input regarding...more

National Defense Authorization Act FY 2018: Directions In Federal Software Acquisitions

On December 12, 2017, President Trump signed the $700 billion 2018 National Defense Authorization Act (“NDAA”) into law. Following negotiations between the House and Senate Armed Services Committees, the NDAA includes new...more

Alston & Bird Healthcare Week in Review

by Alston & Bird on

On December 11, 2017, the Food and Drug Administration (FDA) issued a guidance entitled, Product Name Placement, Size, and Prominence in Promotional Labeling and Advertisements. The guidance clarifies the requirements for...more

The preclusive effect of a Congressional override of the CFPB dealer pricing bulletin: we think Professor Levitin’s premise is...

by Ballard Spahr LLP on

As we reported recently, the Government Accountability Office has determined that CFPB Bulletin 2013-02 on dealer pricing in indirect auto finance (“Dealer Pricing Bulletin” or “Bulletin”) is a “rule” subject to review under...more

Department of Transportation Repeals Controversial Rail Brake Rule

by Holland & Knight LLP on

In a decision that had become all but inevitable, the U.S. Department of Transportation (DOT), on December 4, 2017 rescinded its rule that would have required railroads carrying highly hazardous flammable materials, such as...more

GAO Report on Automated Vehicles Finds DOT Needs Roadmap

On November 30, 2017, the U.S. Government Accountability Office (GAO) released a report (“Report”) outlining its findings of the key challenges facing policy-makers as the regulatory environment seeks to promote the...more

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”). The first reminds contractors that competitors can work together when...more

CFPB indirect auto finance bulletin determined to be a “rule” subject to Congressional review

by Ballard Spahr LLP on

Congress may have now have the opportunity to disapprove by a simple majority vote the CFPB’s disparate impact theory of assignee liability for so-called dealer “markup” disparities as a result of a determination by the...more

Why Failing To Intervene In A Bid Protest Could Have Dire Consequences

by PilieroMazza PLLC on

Imagine that your company has just been awarded a contract after spending significant time and resources identifying a federal business opportunity and developing a winning proposal. Now imagine that just as you are preparing...more

Weekly Update Newsletter - December 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - PROTESTS - If the Federal Watchdog Office Works for Contract Protestors, Why the Decline? According to an article posted in the Federal Contracts Report, several reasons could explain the...more

Discussions Vs. Clarifications Vs. Communications, And Agency Discretion (Post-Award Protest Primer #12)

In our last post, we looked at the most common protest grounds related to discussions: lack of meaningful discussions, misleading discussions, and unequal discussions. Today we’ll discuss how discussions differ from...more

Recent Congressional Review Act Developments Could Have Far-Reaching Effects

by Pepper Hamilton LLP on

On December 5, the Government Accountability Office (GAO) essentially invalidated the CFPB’s auto lending guidance by finding that it constitutes a “rule” for purposes of the Congressional Review Act (CRA)....more

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