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Government Contracting Mergers & Acquisitions Business Organization

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

Recent Trends In Government Contracts M&A

by Morrison & Foerster LLP on

While multibillion-dollar transactions grab headlines — such as the combination of Computer Sciences Corp.’s public-sector business with SRA International, the merger of Leidos Holdings Inc. with Lockheed Martin’s information...more

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a...more

Executive Order Seeks to Bolster ‘Buy American’ Enforcement

by Morgan Lewis on

US President Donald Trump’s executive order aims to increase the use of US goods and materials in federal acquisitions. On April 18, President Trump signed the Presidential Executive Order on Buy American and Hire...more

Choosing the Right Advisor for Your Strategic Transaction- Set-Aside Alert

by PilieroMazza PLLC on

In today's marketplace, many contractors have reached the conclusion that growth through acquisition, as opposed to organic growth, is the right path for their companies. Please see full Alert below for more information....more

GSA IG Questions Pricing Evaluation of Professional Services Schedules

by Morgan Lewis on

GSA is reevaluating price reasonableness for all new consolidated PSS schedules, which may result in requests for price reductions or even post-award audits for some contractors....more

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government....more

Novation of Government Contracts: How to Prepare for and Receive Government Approval

by Pepper Hamilton LLP on

Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more

Buyer Beware: Lessons of Disclosure Learned the Hard Way

by Bass, Berry & Sims PLC on

Government contractors are learning the hard way that agencies need to be kept apprised of major changes within the company during the entire period of bid evaluations. Most recently, the Government Accountability Office...more

M&A Transactions with Government Contractors - Set-Aside Alert

by PilieroMazza PLLC on

The following is an overview of considerations to be taken into account by targets wishing to sell, and purchasers wishing to purchase, government contracting businesses. Please see full Alert below for more...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

The SBA’s Two New Recertification Rules

by PilieroMazza PLLC on

The Small Business Administration (“SBA”) has issued two more regulations that will require that small businesses recertify their size when they engage in a merger and/or acquisition (“M&A”). The regulations, published in...more

PilieroMazza Legal Advisor - Third Quarter

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - Category Management: What Contractors Need to Know - In December 2014, the Office of Management and Budget (OMB) announced a new initiative called Category Management. This policy could...more

Size Recertification Now Required for Pending Proposals After M&A - Set-Aside Alert

by PilieroMazza PLLC on

Effective June 30, 2016, the SBA has implemented a final rule regarding the subcontracting limitation requirements mandated by the National Defense Authorization Act of 2013. Please see full Alert below for more...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 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

Ninth Circuit Denies Medicare Payments in Assets-Only Purchase Without Assignment of Provider Agreement

by King & Spalding on

On April 11, 2016, the Ninth Circuit Court of Appeals ruled that a hospital was not entitled to Medicare payments in an assets-only purchase until the Buyer enrolled in the Medicare program because it did not accept the...more

In the Global Trenches: Brazil’s Business Culture & Getting Things Done

by Atma Global on

Brazil is once again at the forefront of news. Ongoing corruption scandals plague the highest echelons of leadership. Impeachment hearings threaten the stability of the largest economy in South America....more

Demands For Broader Disclosure Of Corporate Affiliations: Federal Contractors Subject To Yet Another Public Disclosure Rule

by McCarter & English, LLP on

The trend toward increasing disclosure obligations as a condition of doing business with the federal government continues, as a new rule that goes into effect on April 6, 2016, will require contractors to publicly disclose...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

PilieroMazza Legal Advisor - First Quarter 2016

by PilieroMazza PLLC on

Business & Corporate Law - REGULATORY ISSUES FOR ACQUISITIONS OF GOVERNMENT CONTRACTS BY NON-U.S. BUYERS - With the uptick in M&A transactions for government contractors, we have seen an increase in cross border...more

Five Things That Shouldn’t Keep You From Buying or Selling a Company

by PilieroMazza PLLC on

There may be several reasons holding you back from buying another company or from selling your own business. However, there’s a new normal in the government contracting space. With increased competition for work, a tight...more

Could Your Employees Be Eligible for FMLA Leave on Their First Day of Work? The Answer Could Be Yes

by PilieroMazza PLLC on

It would be easy for employers to assume that they need not worry about an employee’s eligibility for Family and Medical Leave Act (“FMLA”) leave until at least one year has passed since the employee began working for the...more

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