On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more
The health of the Defense Industrial Base (DIB) has been brought to the fore as the United States responds to wars in Ukraine and Israel. Unfortunately, according to the National Defense Industrial Association’s “Vital Signs”...more
Generally, when a business is awarded a multi-year IDIQ contract, it retains its “small” business designation unless a contracting officer (CO) requires the business to recertify its size status, and has since grown larger...more
On December 27, President Biden signed the Preventing Organizational Conflicts of Interest in Federal Acquisition Act into law. The legislation, ushered through Congress by a bipartisan group of backers, strengthens existing...more
The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a...more
Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and...more
10/29/2019
/ Acquisitions ,
Bid Protests ,
Buyers ,
COFC ,
Due Diligence ,
Federal Contractors ,
GAO ,
Mergers ,
Risk Mitigation ,
Sellers ,
Standing
• Mandatory declarations of certain transactions now required
• Certain changes to pre-existing regulations also announced and effective immediately
• Mandatory declaration requirement may not ease burden on parties...more
11/1/2018
/ Acquisitions ,
CFIUS ,
Controlled Foreign Corporations ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Federal Pilot Programs ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Mandatory Declarations ,
National Security ,
New Rules ,
Notice Requirements ,
U.S. Treasury
Conditioned Agreements to Negotiate (CAN) -
When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more
10/30/2018
/ Acquisitions ,
Affiliated-Business Arrangements ,
Agreement To Negotiate ,
Business Ownership ,
Buyers ,
Contract Negotiations ,
Due Diligence ,
Federal Contractors ,
Letters of Intent ,
Office of Hearings and Appeals (OHA) ,
SBA ,
Sellers ,
Selling a Business ,
Small Business ,
Terms and Conditions
In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more
- MoneyGram and Ant Financial mutually terminate $1.2 billion proposed merger
- CFIUS’s concerns focused on cyber and information security
- Scrutiny of buyers’ information security processes is likely to increase
On...more
1/22/2018
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Cybersecurity ,
Data Security ,
Foreign Investment ,
Mergers ,
Moneygram ,
National Security ,
Technology Sector ,
Trump Administration
More Acquisitions May Be Blocked in the Future -
Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon...more