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Acquisitions Government Accountability Office

Morrison & Foerster LLP - Government...

GAO Reaffirms Agencies’ Discretion to Award Sole-Source SBIR Phase III Contracts (Even to a Successor-in-Interest)

The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more

Pillsbury - Bid Protest Debrief

No Harm, No Foul: GAO Reaffirms That Prejudice Is Everything

In Kako’o Spectrum Healthcare Solutions, LLC, B-421127.5, et al., May 28, 2025, Kako’o Spectrum Healthcare Solutions (KSHS) protested the U.S. Marine Corps’ award to Cognito Systems, arguing that Cognito’s proposal exceeded...more

Morrison & Foerster LLP - Government...

Less Oversight and Undefined Penalties: The NDAA’s Proposed Protest Reforms

Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more

Bass, Berry & Sims PLC

Bid Protest Minute: COs Must Account for Corporate Restructuring When Assessing Qualifications

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On November 13, the Government Accountability Office (GAO) sustained a protest by DecisionPoint Corporation concluding that when the Air Force determined EmeSec, a wholly owned subsidiary of DecisionPoint, was ineligible for...more

Goodwin

Pressure Mounts for Broader Regulatory Oversight of Defense Industry Mergers

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The Department of Defense assessed an average of about 40 defense-related mergers and acquisitions each year from 2018 to 2022, a small portion of the roughly 400 defense mergers estimated to occur annually, according to a...more

Bracewell LLP

Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals

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Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2024 #3

PilieroMazza PLLC on

Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals - After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners...more

Holland & Knight LLP

DOD Contemplating Increased Scrutiny of Defense M&A Transactions

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The U.S. Government Accountability Office (GAO) has published a report focusing on the risks associated with mergers and acquisitions (M&A) in the defense space and concluded that the U.S. Department of Defense's (DOD)...more

Miles & Stockbridge P.C.

Recent GAO Decision on ‘180-Day Rule’ Underscores Complexity of Regulation

Any acquisition involving a small business government contractor comes with a host of questions concerning what effect, if any, the transaction may have on the small business’s size and status post-closing. ...more

Pillsbury Winthrop Shaw Pittman LLP

Government Accountability Office Publishes Fiscal Year 2023 Bid Protest Statistics

Impacted by an acquisition where an unusually high number of protests were filed and sustained, the GAO’s sustain and effectiveness rates increased to 31 and 57 percent, respectively. The number of filed Government...more

Bass, Berry & Sims PLC

GAO Assesses Health of the Defense Industrial Base

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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

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

PilieroMazza PLLC

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

PilieroMazza PLLC on

In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

PilieroMazza PLLC

Weekly Update Newsletter - March 2020 #3

PilieroMazza PLLC on

ANNOUNCEMENT: PilieroMazza Forms "COVID-19 Client Response Team," March 18, 2020 - To address the concerns of our clients and resource partners during and long after the coronavirus pandemic, PilieroMazza created the...more

Stinson - Government Contracting Matters

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more

Bass, Berry & Sims PLC

How Do Mergers & Acquisitions Impact Pending Bids?

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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

Pillsbury Winthrop Shaw Pittman LLP

Government Contractor M&A Deals Beware

Recent Government Accountability Office (GAO) protest decision on standing holds key implications for government contract asset deals. GAO held that contractor who had sold relevant contract assets to another company...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more

Morrison & Foerster LLP - Government...

Soothsaying Oracle: What GAO’s Decision Concerning DoD Prototype OTAs Means for DoD and Beyond

Other Transaction Agreements (OTAs): The term is familiar among government contractors, yet commonly misunderstood. Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018...more

Pillsbury Winthrop Shaw Pittman LLP

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

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