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Kickbacks Aren’t Illegal Just for Federal Health Care Programs in Recently Enacted SUPPORT Act: New Compliance Concerns for Physician-Owned Laboratories | Government Contracts & Investigations Blog

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The SUPPORT Act is wide-ranging legislation comprised of over 120 separate bills aimed at combatting the opioid crisis and impacting every corner of the healthcare continuum.

Source: Kickbacks Aren’t Illegal Just for Federal Health Care Programs in Recently Enacted SUPPORT Act: New Compliance Concerns for Physician-Owned Laboratories | Government Contracts & Investigations Blog

Federal Circuit Affirms Veteran-Owned Small Businesses Are the VA’s First Priority | Government Contracts & Investigations Blog

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The U.S. Court of Appeals for the Federal Circuit recently affirmed a May 2017 Court of Federal Claims decision requiring the U.S. Department of Veterans Affairs (“VA”) to give veteran-owned small businesses first priority before purchasing from the AbilityOne Program.

Source: Federal Circuit Affirms Veteran-Owned Small Businesses Are the VA’s First Priority | Government Contracts & Investigations Blog

Proposed Rule Would Create a Separate, More Restrictive Standard for “Adequate Price Competition” for the DoD, NASA, and the Coast Guard | Government Contracts & Investigations Blog

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On June 12, 2018, the Department of Defense (“DoD”), the General Services Administration, and NASA proposed a new rule that would limit the “adequate price

Source: Proposed Rule Would Create a Separate, More Restrictive Standard for “Adequate Price Competition” for the DoD, NASA, and the Coast Guard | Government Contracts & Investigations Blog

OSD Issues Policy Guidance Rejecting “Sweeps” Data | Government Contracts & Investigations Blog

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Inherent “lag time” often makes it impossible for contractors to provide “up to the minute” data in real time at the point when the parties “shake hands,” contractors have customarily performed immediate post-handshake sweeps.

Source: OSD Issues Policy Guidance Rejecting “Sweeps” Data | Government Contracts & Investigations Blog

The Future of COTS Procurement: Section 846 Industry Day Highlights | Government Contracts & Investigations Blog

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On June 21, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) held their second Industry Day concerning the implementation of Section 846 of the National Defense Authorization Act (“NDAA”) of 2018 (“Procurement Through E-Commerce Portals,” known hereafter as the “Portals Program”).[1] The Industry Day, GSA’s first since issuing its Phase I implementation plan, provided a unique opportunity for GSA to update the public on its current thinking for the Portals Program. A few highlights from the Industry Day are set out below.

Source: The Future of COTS Procurement: Section 846 Industry Day Highlights | Government Contracts & Investigations Blog

You Might Be an Inside Trader If…You Trade on Your Unconfirmed Suspicions of a Cybersecurity Event Prior to Its Public Revelation or Disclosure | Government Contracts & Investigations Blog

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Earlier this year, the SEC released cybersecurity guidance addressing, among other things, the risk of insider trading in the event of a data breach. This risk comes in multiple forms, including the intruders trading on stolen information and insiders trading on the knowledge of the breach itself. The SEC demonstrated its willingness to address the latter situation in the recent insider trading case against Jun Ying, the former chief information officer of Equifax’s United States Information Systems business unit.

Source: You Might Be an Inside Trader If…You Trade on Your Unconfirmed Suspicions of a Cybersecurity Event Prior to Its Public Revelation or Disclosure | Government Contracts & Investigations Blog

Regulation Best Interest: The SEC’s Responds to the DOL’s Fiduciary Rule | Government Contracts & Investigations Blog

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Regulation Best Interest would require broker-dealers and affiliated persons to act in the best interest of a retail customer when making a recommendation of any securities transaction or investment strategy involving securities.

Source: Regulation Best Interest: The SEC’s Responds to the DOL’s Fiduciary Rule | Government Contracts & Investigations Blog

“Portal of Portals” – GSA’s (Unwritten) Vision for COTS E-Commerce Marketplaces | Government Contracts & Investigations Blog

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Last month, the General Services Administration (“GSA”) and the Office of Management and Budget released their Phase 1 Implementation Plan (the “Plan”) for Section 846 of the National Defense Authorization Act (“NDAA”) of 2018 (“Procurement Through E-Commerce Portals,” known hereafter as “Portals Program”).

Source: “Portal of Portals” – GSA’s (Unwritten) Vision for COTS E-Commerce Marketplaces | Government Contracts & Investigations Blog

VA Streamlines MSPV-NG Acquisition through Distribution and Supply Agreements | Government Contracts & Investigations Blog

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The Department of Veterans Affairs issued a Justification and Approval (J&A) for Other than Full and Open Competition on April 12, 2018, to allow prime vendors currently performing “distribution” contracts under the Medical/Surgical Prime Vendor Next Generation program (MPSV-NG) to choose potential suppliers. Currently, the VA conducts a more traditional procurement process to identify supply sources and awards BPAs to suppliers who can meet the VA’s price requirements. The VA does not place orders under the BPAs; rather the BPAs serve as authorization for prime vendors under the program to enter distribution agreements with those suppliers, and the prime vendors distribute those products to VA facilities. Under the J&A, which converts these existing contracts to “distribution and supply” contracts, prime vendors now will identify potential sources for clinical products and submit them, along with pricing information, to the VA Strategic Acquisition Center and the MSPV Program Office for approval. Once both entities approve, the VA will add those items to the Government’s master product list, and prime vendors may execute distribution agreements with those suppliers and distribute the items to VA facilities as they do currently.

Source: VA Streamlines MSPV-NG Acquisition through Distribution and Supply Agreements | Government Contracts & Investigations Blog

New Rules for Filing Protests at GAO and New DFARS Debriefing Requirements | Government Contracts & Investigations Blog

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GAO finally has unveiled its long-awaited Electronic Protest Docketing System (“EPDS”). Effective May 1, 2018, all new protests (excluding those containing classified material) must be filed using GAO’s EPDS. EPDS is designed to provide a more seamless and efficient process for all participants. The system provides real-time notice to federal agencies of a new protest filing, which serves as the Agency’s notification to stay performance of the newly-awarded contract as required under the Competition in Contracting Act (“CICA”). Since most government contractors hire outside counsel to file protests, this change will not have a large impact on contractors. Contractors should be aware, however, that GAO also has implemented a new $350 filing fee for all new protests. All subsequent filings and supplemental protests do not require a filing fee. Funds from this filing fee will be used to pay for the operation and maintenance of the EPDS.

Source: New Rules for Filing Protests at GAO and New DFARS Debriefing Requirements | Government Contracts & Investigations Blog

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