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Federal Acquisition Regulations (FAR) Mergers

Fenwick & West LLP

Buy-Side M&A Playbook: Post-Closing Integration - Navigating the Transition

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Closing an aerospace or defense M&A deal is only the beginning. Successful integration requires careful planning to ensure compliance, operational continuity, and the retention of key personnel....more

Blank Rome LLP

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

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Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Fenwick & West LLP

Buy-Side M&A Playbook: Due Diligence in Aerospace & Defense - What Buyers Need to Know

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Once a term sheet is in place, buyers must conduct thorough due diligence to uncover potential risks and liabilities. In the aerospace and defense sector, due diligence extends beyond financials to regulatory compliance,...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 4: M&A Transactions with Government Contractors

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Transactions that involve government contracts carry a unique set of challenges. Unlike a typical merger or acquisition, deals involving government contracts require the navigation of a complex web of federal laws,...more

Bradley Arant Boult Cummings LLP

Best Practices for Due Diligence in Government Contractor M&A Transactions

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

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

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On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

Akerman LLP

How SBA’s New Rule Will Affect a Small Government Contractor’s Projected Set-Aside Work Following “Disqualifying” M&A Activity

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The Small Business Administration’s (SBA) final rule, which amends numerous requirements concerning small business contracting policies (the Final Rule), went into effect on January 16, 2025. The Final Rule will significantly...more

Fenwick & West LLP

CLE Takeaways: Preparing to Sell Your Defense Tech Company

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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

Venable LLP

SBA Final Rule Changes M&A Landscape for Multiple Award Contracts

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Effective January 16, 2025, the Small Business Administration (SBA) issued a final rule intended to close what SBA considered to be a long-standing loophole in its size recertification rules that allowed a large business to...more

McDermott Will & Emery

SBA’s Final Size Standard Recertification Rule: What Private Equity Companies Need to Know

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We previously discussed the US Small Business Administration’s (SBA) proposed rule updating the regulations regarding government contractor size and small business program status recertification. The SBA has now issued the...more

Holland & Knight LLP

The Storm Before the Calm: SBA Final Rule Delays Impact of Future Post-M&A Recertifications

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The U.S. Small Business Administration (SBA) on Dec. 17, 2024, issued a Final Rule that substantially changes the effect of recertifications of size and socioeconomic status under set-aside contracts following the merger or...more

Whiteford

Client Alert: SBA Final Rule Expected to Spur Increased Small Government Contractor M&A Activity In 2025

Whiteford on

On December 17, 2024, the U.S. Small Business Administration (“SBA”) issued a Final Rule (“Rule") that will dramatically change the landscape for the Merger and Acquisition (“M&A”) market for both large and small businesses....more

PilieroMazza PLLC

SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small Business...

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Join PilieroMazza’s Meghan Leemon as she unpacks SBA’s final rule implementing changes to the HUBZone Program, other small business programs, and various small business matters. This comprehensive rule goes into effect on...more

Holland & Knight LLP

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

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The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

Smith Anderson

Transferring Federal Government “Other Transaction” Agreements

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As we discussed in a prior Alert, parties buying or selling a business must consider how to properly transfer the seller’s contracts to the buyer. Part 42 of the Federal Acquisition Regulation (“FAR”) addresses the contract...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – September 2024

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Federal Acquisition Regulation (FAR) Final Rule: Reference to Penalty Threshold  On August 29, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a final...more

Sheppard Mullin Richter & Hampton LLP

M&A Pre-Flight Check: Avoiding Common Issues in Aerospace & Defense Acquisitions

As anyone who follows the industry can tell you, mergers and acquisitions activity in the aerospace and defense industry has remained robust over the past decade. In 2019 alone, there were 460 corporate acquisitions in this...more

Lowenstein Sandler LLP

The Absurdity Of Government Contracting

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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

PilieroMazza PLLC

Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs)

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On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more

PilieroMazza PLLC

Important Considerations When Structuring M&A Transactions for Government Contractors: Pre-Transaction Part 1 of a 3-Part Series

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M&A transactions involving government contractors carry several regulatory and industry-specific considerations that can materially impact all aspects of the deal—from high-level structuring considerations to risk allocation...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

Morrison & Foerster LLP - Government...

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the...more

Morrison & Foerster LLP - Government...

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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP

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

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