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Defense Contractors to Face New Cost Accounting Oversight with Creation of Defense Cost Accounting Standards Board

Section 820 of the National Defense Authorization Act for Fiscal Year 2017 (“NDAA”) establishes a new Defense Cost Accounting Standards Board (“D-CASB”) to oversee the application of the Cost Accounting Standards (“CAS”) to...more

Identifying and Mitigating Organizational Conflicts of Interest in Government Contracts Mergers and Acquisitions

An organizational conflict of interest (OCI) arises when the performance of one contract undermines a contractor’s objectivity or creates an unfair competitive advantage with respect to another contract. An agency cannot...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume X – Accounting...

Volume X – Accounting for the Cost of Business Combinations Under Government Contracts - Mergers and acquisitions create additional costs and complex accounting issues for government contractors. There are fees for...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume IX –...

Last month, we discussed the extent to which a foreign buyer can introduce an unacceptable level of foreign ownership, control, or influence (“FOCI”) that, absent mitigation, will render the target ineligible for the facility...more

Weekly Web Wrap-Up

Welcome to Sheppard Mullin’s Weekly Web Wrap-Up, a quick list of the past week’s top news in the social media, gaming, and virtual goods and currencies industries curated by Social Media & Games Team. Here are some of the...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VIII – Foreign...

Not every potential buyer is a U.S. corporation controlled by U.S. interests. It is important, both for the buyer and the seller, to understand the implications of foreign ownership, control, or influence (“FOCI”) on the...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VII—Investing in...

Numerous government contracts programs support small businesses. There are prime contracts set aside for various categories of small business entities. Agencies have small business contracting goals and take them very...more

What GSA Can Learn from the National Parks Service

Note: The following post is adapted from the forthcoming 2016/2017 GSA Schedule Handbook, published by ThompsonWest, due out later this year. Any way you look at it, 2016 will be an interesting year. You may have heard...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume VI...

An organizational conflict of interest (“OCI”) arises when the performance of one contract undermines a contractor’s objectivity or creates an unfair competitive advantage with respect to another contract. An agency cannot...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume V—The Land Mines...

M&A transactions, like most transactions in life, involve a cost/benefit analysis. Some cost/benefit analyses are relatively easy to perform. For example, if I buy an energy efficient appliance, I can calculate the likely...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume 4 – Key Issues...

This posting is the fourth in our ten-part series on unique issues that arise in connection with mergers and acquisitions involving government contractors and subcontractors. Parts 1 through 3 focused on the structure of the...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume 3—What Happens...

Thus far in this ten-part series, we have discussed whether and how existing contracts with the Government can be transferred to the buyer or surviving entity when an acquisition, merger, or consolidation occurs. Today, we...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume 2 – Obtaining...

This posting is the second in a ten-part series on unique issues that arise in the acquisition and disposition of a company that performs government contracts or subcontracts. Part 1 focused on the types of deal structures...more

Human Trafficking Is Forbidden by Government Contracts. But What Is “Human Trafficking”?

FAR 52.222-50 prohibits “human trafficking.” To quote the current GEICO TV commercials, “Everybody knows that.” But do you know exactly what the FAR prohibits? The answer includes some obvious pernicious acts, but it also...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers: Volume 1 – The...

With today’s posting, we begin a ten-part series on unique issues that arise in connection with the acquisition or disposition of a company that performs government contracts or subcontracts. These issues obviously come into...more

As GSA FAS Struggles To Reinvent Itself; Contractors Suffer

The last year has been a tough one for the GSA Multiple Award Schedules (“MAS”) program. The Federal Acquisition Service (“FAS”) – the agency charged with administering the MAS program – has struggled to re-invent itself and...more

Those NDAs May Not Be Worth the Paper They Are Written On

It is a given that companies strive to protect their intellectual property. Over the years, as an instrument of that protection, companies have made increasing use of non-disclosure agreements to advance that objective. A...more

“How Dare You Charge That for a Spare Part!” – The Untold Story of the X27 Interface Assembly

The pricing of spare parts has been a subject of Government criticism for decades. Pick up any DCAA or IG audit report relating to spare parts or any intra-agency memorandum on the topic and you will sense the dudgeon with...more

DOE Proposes Highly Burdensome Reporting Obligations With Respect To Export Compliance

On September 8, 2008, we posted a commentary on a newly promulgated interim rule relating to “Export-Controlled Items,” that was finalized in 2010 and is now set forth at DFARS Subpart 204.73 and implemented in principal part...more

Teaming Agreements Called Into Question Under Virginia Law

In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law provision. In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514...more

The ABC's of Government Contract Claims - 10 Ways to Maximize Your Chance of Success

Understand the Basic Contract Requirement – Every contract lawyer will begin an assessment with a very simple, fundamental question, i.e., “What does the contract say?” Your obligation is to perform to the contract; nothing...more

2/5/2013  /  Change Orders , Contract Claims
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