The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
Podcast - Navigating the Updated SF-328 Form
Podcast - A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community
Diversifying Your Contract Pipeline by Maximizing Opportunities through the DOD’s Mentor Protégé Program
A Comprehensive Overview of FOCI Mitigation
Podcast - Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector, Part 2
Mitigating FOCI Under Section 847
Episode 345 -- Raytheon Pays $950 Million to Resolve Fraud, FCPA, ITAR and False Claims Act Violations
Everyone Come to Play: Exploring FOCI Mitigation Instruments
Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
Podcast - Change Condition Packages: Tips for Cleared Contractors
Podcast - Corporate Documents in the Context of Clearances
Navigating Personnel Security Clearances (PCLs)
Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification
What Is an FCL and How Do I Obtain One?
Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors
Intellectual Property In Department of Defense Contracting
The When, Where, Why and How of CMMC with Fernando Machado
Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more
SBA’s 180-Day Recertification Rule: Clarifying the Meaning of “Offer” in Size Determinations - In a recent decision by the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), the Size Appeal of...more
For defense technology companies contemplating a sale, understanding how to maximize value while navigating complex regulatory and compliance requirements is crucial for a successful transaction....more
The Department of Defense (DOD) has finally promulgated its Final Rule (Rule) implementing the Cybersecurity Maturity Model Certification (CMMC) program, which goes ‘live’ on December 16th. There is plenty of content...more
Merger and acquisition (M&A) activity is often the lifeblood of corporate growth. While whole treatises can be, and have been, written on cybersecurity and legal challenges during M&A activity, the following are a few key...more
The U.S. Department of Defense (DOD) has long questioned whether contractors and their supply chains have been fully compliant with existing cybersecurity requirements aimed at protecting Controlled Unclassified Information...more
In the ninth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Antonia Tzinova delve into the critical aspects of due diligence for facility and personnel...more
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
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
The Department of Justice recently filed a complaint to prevent Booz Allen Hamilton’s $440 million acquisition of “agile and innovative” competitor EverWatch, Inc. Among the notable aspects of the complaint is its definition...more
Intellectual property (“IP”) rights can be one of the most valuable assets of a government contractor. There are several factors potential buyers can use to properly evaluate a government contractor’s IP in mergers and...more
What happened? Just weeks before the real State of the Union Address to Congress, the Department of Defense (DoD or Department) published a report on the “State of Competition within the Defense Industrial Base” (DIB Report)....more
GOVERNMENT CONTRACTS - BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and Assignment of Receivables - Our three-part series on government...more
It is time for a top-to-bottom review of the acquisition process. I take no joy in writing this article, but it is a desperate plea for improvement. From 1995-2001, I worked for the Department of the Army as a contract...more
Now that DOD has released the final version of the Cybersecurity Maturity Model Certification (CMMC) guidelines, all contractors that work directly or indirectly on Department of Defense (DOD) contracts should be preparing to...more
Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 - In its role as advocate to small businesses operating in the government contracting...more
CYBERSECURITY & DATA PRIVACY - Start Preparing Now for DoD's Upcoming Cybersecurity Maturity Model Certification (CMMC) - For a while now, we have been writing about the increasing impact of cybersecurity on the...more
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - CLIENT ALERT: SBA to Increase Size Standards with Inflationary Adjustment, July 17, 2019 - On July 18, 2019, SBA issued an interim final rule increasing the receipts-based...more
Not every potential buyer is a U.S. corporation controlled by U.S. interests. It is important, both for the buyer and the seller, to understand the implications of foreign ownership, control, or influence (“FOCI”) on the...more
The Department of Justice (Justice) and the Federal Trade Commission (FTC) today issued an unusual joint statement that highlighted their continued commitment to preserve defense industry competition by closely reviewing...more
On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more