News & Analysis as of

Price Reduction Clause

Wiley Rein LLP

Recent False Claims Act Decision Offers Important Lessons on Risks and Perils of GSA Schedule Contracting, Calculation of Damages...

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After more than 10 years of litigation and a four-week bench trial, a District Court in D.C. recently found a contractor liable under the False Claims Act (FCA) in connection with the U.S. General Services Administration’s...more

Wiley Rein LLP

GSA’s Transactional Data Reporting (TDR) Pilot Gets Green Light For Expansion, Despite Blistering Criticism From GSA OIG

Wiley Rein LLP on

Despite a highly critical audit report from the General Services Administration (GSA) Inspector General (OIG), GSA has nevertheless signaled its intent to continue with a “focused expansion” of its controversial Transactional...more

Hogan Lovells

DOJ Continues False Claims Act Enforcement in Transportation Industry

Hogan Lovells on

Two recent False Claims Act (FCA) settlements between the Department of Justice (DOJ) and transportation companies point to the continuation of a recent trend by the DOJ to use the FCA as a significant enforcement tool...more

Baker Donelson

HHS Proposes Removing Anti-Kickback Safe Harbor Protection for PBM Rebates, Proposes Two New Safe Harbors

Baker Donelson on

On January 31, the Department of Health and Human Services (HHS) and HHS Office of Inspector General (OIG) issued for public display a proposed regulation that would subject certain pharmaceutical manufacturer rebates paid to...more

Baker Donelson

OIG Advisory Opinion 18-11 Offers Rare Insight to Safe Harbor for Price Reductions Offered to Eligible Managed Care Organizations

Baker Donelson on

The Office of Inspector General (OIG) confirmed in Advisory Opinion No. 18-11 that the safe harbor for Price Reductions Offered to Managed Care Organizations applies to "any remuneration," not just price reductions or...more

Morgan Lewis

Contract Law Reform: Part One | La réforme du droit des contrats: première partie

Morgan Lewis on

In our first of three LawFlashes about the recent contract law reform in France, we discuss the changes to contractual nonperformance. Entered into force for contracts concluded after 1 October 2016, Ordinance No....more

Sheppard Mullin Richter & Hampton LLP

Price Reductions Are Dead; Long Live Price Reductions

You no doubt have heard by now about GSA’s 23 June effort to “embrace modern technology while moving away from outmoded practices” – specifically, its implementation of the new Transactional Data Reporting Rule (“TDR Rule”)...more

Morgan Lewis

GSA Publishes Highly Anticipated Transactional Data Reporting Final Rule

Morgan Lewis on

GSA’s final transactional data rule fundamentally alters the basis for negotiation and pricing of commercial items on Federal Supply Schedule (FSS) contracts and subsequent orders, with immediate impact on some of the largest...more

Pillsbury Winthrop Shaw Pittman LLP

GSA May Abolish the Price Reduction Clause

On March 4, 2015, the U.S. General Services Administration (GSA) issued a proposed rule that could abolish the long-standing price reduction clause (PRC) from the GSA Schedule program. GSA is proposing to eliminate the clause...more

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