117 STAT. 2228
PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(C) RULES FOR MERGERS AND ACQUISITIONS.—In applying subparagraph (A) to a contractor, the contractor shall include a successor entity in the case of a merger or acquisition, if the successor entity assumes such contract along with any liabilities that may have occurred thereunder. ‘‘(D) PROTECTION OF SMALL SUPPLIERS.—In developing procedures relating to bids and the awarding of contracts under this section, the Secretary shall take appropriate steps to ensure that small suppliers of items and services have an opportunity to be considered for participation in the program under this section. ‘‘(7) CONSIDERATION IN DETERMINING CATEGORIES FOR BIDS.—The Secretary may consider the clinical efficiency and value of specific items within codes, including whether some items have a greater therapeutic advantage to individuals. ‘‘(8) AUTHORITY TO CONTRACT FOR EDUCATION, MONITORING, OUTREACH, AND COMPLAINT SERVICES.—The Secretary may enter into contracts with appropriate entities to address complaints from individuals who receive items and services from an entity with a contract under this section and to conduct appropriate education of and outreach to such individuals and monitoring quality of services with respect to the program. ‘‘(9) AUTHORITY TO CONTRACT FOR IMPLEMENTATION.—The Secretary may contract with appropriate entities to implement the competitive bidding program under this section. ‘‘(10) NO ADMINISTRATIVE OR JUDICIAL REVIEW.—There shall be no administrative or judicial review under section 1869, section 1878, or otherwise, of— ‘‘(A) the establishment of payment amounts under paragraph (5); ‘‘(B) the awarding of contracts under this section; ‘‘(C) the designation of competitive acquisition areas under subsection (a)(1)(A); ‘‘(D) the phased-in implementation under subsection (a)(1)(B); ‘‘(E) the selection of items and services for competitive acquisition under subsection (a)(2); or ‘‘(F) the bidding structure and number of contractors selected under this section. ‘‘(c) PROGRAM ADVISORY AND OVERSIGHT COMMITTEE.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a Program Advisory and Oversight Committee (hereinafter in this section referred to as the ‘Committee’). ‘‘(2) MEMBERSHIP; TERMS.—The Committee shall consist of such members as the Secretary may appoint who shall serve for such term as the Secretary may specify. ‘‘(3) DUTIES.— ‘‘(A) ADVICE.—The Committee shall provide advice to the Secretary with respect to the following functions: ‘‘(i) The implementation of the program under this section. ‘‘(ii) The establishment of financial standards for purposes of subsection (b)(2)(A)(ii). ‘‘(iii) The establishment of requirements for collection of data for the efficient management of the program.
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