Government Contracting, Mergers & Acquisitions

Sixth Circuit in MedQuest: No FCA Liability for Violation of Medicare Conditions of Participation Without Violation of Conditions...

by Calvin Marshall | Chambliss, Bahner & Stophel, P.C. on 4/26/2013

On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc.,...more

GovCon Deal Bugaboo: Sales Tax Exposure

by Michael Fletcher | Berkeley Research Group, LLC on 4/19/2013

We recently wrapped up diligence proceedings for another GovCon M&A transaction, and the specter of sales tax exposure again reared its ugly head. Time and again we see contractors err in their evaluation of the implications...more

NDAA Imposes New Requirements and Restrictions for Defense Contractors

by David Himelfarb, Daniel Kelly, Bonnie Vanzler | McCarter & English, LLP on 1/28/2013

How will the FY 2013 National Defense Authorization Act impact your business as a government contractor? The recently passed National Defense Authorization Act for Fiscal Year 2013 ("NDAA") includes a number of...more

FAA's ODRA Sustains Protest of Sole Source Award

by David I. Schneider | Holland & Knight LLP on 1/9/2013

In a recent decision, the Federal Aviation Administration's ("FAA") Office of Dispute Resolution for Acquisition ("ODRA") sustained a protest challenging the intent to award single source contract because, according to ODRA,...more

Legal Byte: Busted! if you “approve as to form & content?”

by Alan Goldberg on 9/6/2012

After negotiating an agreement for his client John, Attorney signs the agreement at the end stating that the agreement is “approved as to form and content.” A dispute arises between John and the other party, Mike. Now Mike...more

New FAR Clause Establishes Minimum Data Security Requirements for Federal Contractors

by Patton Boggs LLP on 9/5/2012

With Congress unable to pass cybersecurity legislation by the August recess, the executive agencies are proceeding to regulate government contractors with access to government information. Specifically, on August 24, 2012,...more

The Mid-90s Commercial Item Reforms: Turning Back the Clock?

by Pepper Hamilton LLP on 8/24/2012

Originally published in Federal Contracts Report, 98 FCR 210 on 08/14/2012. The mid-90s were a watershed for the federal procurement system. The Federal Acquisition Streamlining Act of 1994 (FASA) and the Clinger-Cohen...more

Transferring quarry and mining rights in the Democratic Republic of Congo [DRC]

by JOSEPH YAV KATSHUNG on 7/12/2012

The mining code of the Democratic Republic of Congo [DRC] provides for a possibility of leasing and assigning mining and quarry rights. Since mining and quarry rights, as expressed in mining and quarry permits, are real and...more

Small Business Administration Proposes to Expand Recertification Requirement in Mergers and Acquisitions

by Joseph P. Hornyak | Holland & Knight LLP on 7/10/2012

On May 16, 2012, the U.S. Small Business Administration (SBA) issued a lengthy set of proposed regulations implementing various sections of the Small Business Jobs Act of 2010....more

BRG GovCon Research Report: April — June 2012

by Ryan Byrd, Sajeev Malaveetil, Mary Karen Wills | Berkeley Research Group, LLC on 6/30/2012

In This Issue: • Federal Acquisition Regulation (FAR) updates • Defense FAR Supplemental (DFARS) updates • Industry topics ..Defense Contract Audit Agency (DCAA) Audit Guidance...more

TUPE Update (ELG Conference 1 June 2012)

by Morag Hutchison on 6/1/2012

Notes to accompany slides for TUPE presentation at ELG Conference on 1 June 2012. Paper provides an update on the most recent TUPE cases particularly in relation to cases on service provision change (what is an activity,...more

DoD Fast-Track Acquisition Process Promises New Opportunities for Contractors

by Venable LLP on 4/26/2012

The U.S. Department of Defense (“DoD”) is establishing a fast-track acquisition process for cybersecurity products and services. The new process, which DoD plans to roll out within the next six months, promises to provide new...more

Remote Control - Anti Corruption Laws Toughen Up for Businesses in China

by Richard Kimber on 8/10/2011

The lesson for all companies conducting operations in China, especially if affiliates or subsidiaries of US or UK headquartered companies, is that detailed compliance programmes will need to be instituted. Regulatory...more

An Early Start of Specialized Due Diligence Is Key to Successful M&A Transactions Involving Government Contractors

by Daniel Graham on 5/31/2011

My colleagues and I have published an article on unique challenges to mergers and acquisitions involving Federal Government contractors....more

Proposed FAR Rule: A New Regulatory Framework For Organizational Conflicts Of Interest And Unequal Access To Nonpublic Information

by Sheppard Mullin Richter & Hampton LLP on 5/16/2011

On April 26, 2011, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space administration (“NASA”) published a proposed rule to amend the Federal Acquisition Regulation...more

The Future of Oil & Gas Regulations in the U.S.

by John J. Maalouf on 4/21/2011

The unrest currently taking place in the Middle East, along with the resulting sharp increase in world oil prices, illustrates just how dependent the U.S. has become on foreign oil imports. A generation ago, the U.S. imported...more

Compliance in Brazil: Current and Future Perspectives

by Ibrademp - Comitê Anticorrupção e Compliance on 4/1/2011

Compliance in Brazil: Current and Future Perspectives...more

A Guide to the Bribery Act 2010: What it means for UK Businesses

by Richard Milner on 2/3/2011

The new Bribery Act 2010 is due to come in to force in April 2011. The Act is intended as a wholesale reform of the old bribery laws which were a complicated and confusing combination of statutory and common law offences from...more

Evaluating FOCI In The Context Of An M&A Transaction

by Sheppard Mullin Richter & Hampton LLP on 12/21/2010

We all now realize that, contrary to the pronouncements of certain pundits, the world is not economically flat. But it is undeniable that its citizens and businesses are more economically connected than ever before. One...more

Country of Origin - "Made In Taiwan" Will Soon Be TAA Compliant - China Continues to Dawdle - Costa Rica, Peru, and Oman also...

by Sheppard Mullin Richter & Hampton LLP on 7/6/2009

On June 16, 2009, Taiwan (aka Chinese Taipei) took the penultimate step in acceding to the World Trade Organization's Government Procurement Agreement (WTO GPA), which will eventually grant Taiwan "free trade partner" status...more

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Government Contracting › Mergers & Acquisitions