Since the 1990s there has been a substantial increase in merger and acquisition activity in the government contractor sector.
We have assisted clients ranging from large defense contractors to small information technology start-ups in addressing merger and acquisition issues in a broad range of fields including communications, software, medical devices, professional services, transportation, and manufacturing.
We provide guidance and draft agreements which take into account the variety of government regulations that apply to a proposed business transaction. We also provide strategic counseling to companies that seek to achieve financial growth through the acquisition of government contract firms. Our work in this area includes:
- Conducting due diligence reviews of target companies to confirm the accurate valuation of the company’s government contracts, and to assess risks associated with their performance of government contracts
- Advising on compliance with government requirements including restrictions on the transfer of contracts involving classified material
- Providing guidance to clients on transactions subject to Hart-Scott-Rodino and Exon-Florio requirements
- Assisting both buyers and sellers on resolving issues related to the allocation of liability involving government contracts
- Obtaining government approval for the transfer of contracts via contract novations
- Negotiating and drafting purchase and sale agreements, merger agreements, financing agreements and numerous other related documents
- Advising clients on the registration, preservation, and transfer of intellectual property rights