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Mergers & Acquisitions Government Contracting

Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions. We address below decisions...more

GSA Seeks Input On Repeal, Replacement, and Modification of Policies and Regulations

On Tuesday, May 30, 2017, the GSA issued a request for comments seeking “input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales...more

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit...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

Earn-Outs in M&A Transactions: Red Flag Issues that Government Contractors Should Avoid

by PilieroMazza PLLC on

Government contractors who wish to grow by purchasing an existing business are aware of one simple truth: The value of the target is linked directly to its ability to transfer its existing contracts. If there is a high risk...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

Top M&A developments in 2017 for ADG companies

by Hogan Lovells on

We expect 2017 M&A activity in the aerospace, defense, and government services (ADG) industry sector to equal or surpass 2016 M&A activity. Although 2016 M&A activity was down both by volume and value over 2015 it was...more

3D Printing Quarterly Report - Q1 2017

by Benesch on

IDC forecasts that worldwide spending on 3D printers, along with associated software, materials and services, will reach $28.9 billion in 2020, compared to an estimated $13.2 billion in 2016. It’s expected that the...more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...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

Fair Pay and Safe Work Places Goes to President Trump

March 6, 2017, by a vote of 49-48, the Senate passed a house joint resolution disapproving the final rule implementing Executive Order 13673, Fair Pay and Safe Workplaces. The House previously passed the resolution in...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

CFIUS: Recent Developments and Trends

by White & Case LLP on

The past year has ushered in significant transformations in the cross-border M&A and US political landscapes, including a number of emerging developments and trends that have affected the review process of the Committee on...more

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts. The proposed rule...more

Top Legal Issues Facing the Automotive Industry in 2017

by Foley & Lardner LLP on

Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about: - Managing warranty, recall, and...more

Healthcare Law Update: December 2016

by Holland & Knight LLP on

Prompt Payment Discounts Not an Anti-Kickback Statute Violation - In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary...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

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The bond market seems to have a pretty good guess of things to come, at least. The bond market lost more than $1 trillion in value last week, and 30-year US bond yields rose the most since January 2009—all in anticipation of...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

November Antitrust Bulletin

by McGuireWoods LLP on

FTC Provides New Guidance on Antitrust Review of Leveraged Buyouts - On Oct. 6, the Federal Trade Commission’s (FTC’s) Premerger Notification Office (PNO) provided updated guidance on how to calculate the size of...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

Turkey Corporate Newsletter - September 2016

by White & Case LLP on

Considering Becoming A Board Member? Read This First. Good corporate governance requires fully informed board members who are aware of their duties and the potential legal implications of their actions. Under the...more

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