FLASH Act of 2023

The FLASH Act of 2023 (HR 3794) streamlines the acquisition of medical supplies and technologies during public health emergencies by allowing the Health Secretary to award follow-on production contracts to the same companies that developed initial prototypes without competitive bidding. It also permits the purchase of supplies for experimental testing (like protective equipment or medical countermeasures) without competitive procedures. For innovative commercial products, the bill creates a new competitive selection process via general solicitation and peer review, requiring fixed-price contracts and, for awards over $100 million, a written efficacy determination and congressional notification. This directly affects the Department of Health and Human Services and companies supplying medical countermeasures or related products.