# The FLASH Act of 2023: What It Does

The FLASH Act gives the federal government's biomedical research agency more flexibility and speed in buying medical supplies and developing new health products. Specifically, it expands the powers of the Biomedical Advanced Research and Development Authority (BARDA), which is part of the Department of Health and Human Services, to quickly acquire medical countermeasures, protective equipment, and other supplies needed for public health emergencies or national security threats.

The bill makes three main changes. First, it allows BARDA to skip the usual competitive bidding process when buying supplies for testing and experimentation—meaning they can purchase materials directly from companies without having to put out a public call for bids. Second, it lets companies that win initial contracts to develop prototypes automatically move forward to produce those products in larger quantities without having to compete again. Third, it streamlines how the government can buy innovative new commercial products and services by allowing them to use a general open call for proposals and peer review instead of traditional government procurement rules.

There are some guardrails built in. For any single contract over $100 million using these new powers, the Secretary of Health and Human Services must write down why they believe the purchase will actually work and meet the government's needs. Additionally, Congress must be notified within 45 days of any contract over $100 million, with details about what's being bought, why it's needed, how much it costs, and which company won the contract. The goal is to make it faster for the government to respond to health crises or develop new medical solutions while still maintaining some oversight and accountability.

FLASH Act of 2023

Garcia, Robert

Fast-track Logistics for Acquiring Supplies in a Hurry Act of 2023 or the FLASH Act of 2023This bill expands federal contracting and other authorities to support the development and acquisition of products and supplies that are necessary for national public health and health security.Specifically, the Department of Health and Human Services (HHS) may use noncompetitive procedures to procure medical countermeasures (e.g., vaccines), chemical materials and reagents, manufacturing supplies, and similar items that are needed to develop products for national public health and health security.Additionally, HHS may acquire, subject to dollar limits and other conditions, innovative commercial products and services by soliciting proposals and selecting proposals through peer review.Further, the bill expands the activities of the Biomedical Advanced Research and Development Authority (BARDA) to include supporting the design and development of prototypes for products to diagnose, mitigate, prevent, treat, or otherwise respond to biological, chemical, radiological, or nuclear threats, including pandemics or epidemics. If BARDA enters an initial transaction to design or develop such a test or prototype using competitive procedures, BARDA may use noncompetitive procedures for a follow-on transaction to produce the test or prototype.