Recent years have seen a steady stream of Government contractor M&A activity which is expected to continue into 2019, especially in growth and emerging areas such as cloud computing, cybersecurity, biotechnology and big data. M&A transactions involving Government contractors and Government contracts involve issues and risks specific to the Government contracting industry. Government contracts can be valuable assets; however, when not performed properly, Government contracts are subject to premature contract termination, while the contractor faces the prospect of extraordinary Government fines and penalties. A prudent Buyer must, therefore, implement a tailored due diligence plan with respect to the Seller’s government contracting business to identify and mitigate these unique risks.
With that in mind, Womble Bond Dickinson attorneys Gary Campbell and Matt Koehl recently presented a webinar on “Acquiring a Company with Government Contracts: A Checklist of Unique Issues and Considerations.” In this webinar, Koehl and Campbell provide a comprehensive overview of key government contract-unique issues that should be carefully examined during the due diligence process, including:
- Government rights in contractor intellectual property
- “Small business” contracting issues
- Federal Supply Schedule contract considerations
- Organizational conflicts of interest
- Cost-reimbursement contracts
This presentation also identifies Government approval requirements applicable to Government contractor M&A transactions and “practice tips” for obtaining such approval, as well as strategies successful post-close integration of the Seller’s Government contracting business. The webinar was sponsored by Thompson Government Contracting and took place Aug. 22. It is available for playback on demand for a fee Click here for more information .
Gary Campbell has spent his entire career representing government contractors, both in private practice and as in-house counsel to a Fortune 100 aerospace and defense company. He regularly counsels his clients on a broad range of government contracts issues, including: mergers and acquisitions; ethics and compliance issues; internal investigations and government audits; protests and business disputes.
Matt Koehl is a veteran government contracts lawyer with more than 20 years of private law firm and senior in-house law department experience. He represents commercial and defense contractors across a broad range of industries, with a particular emphasis on matters relating to the Federal Supply Schedule (FSS) program. Matt has represented Buyers and Sellers in more than twenty Government contractor M&A transactions.