The M&A Environment for Government Contractors: Trends and Updates in 2016
Merger and Acquisition (M&A) activities in the government contractor sector are on the rise significantly impacting information technology, communications, health, transportation and manufacturing industries. Several macro trends, including contract vehicle consolidation and the shift toward low price-technically acceptable (LPTA) awards, specific to M&A involving government contractors have been driving these flurry of activities. However, this active M&A market also raises a host of unique and complex legal issues that practitioners should consider when advising clients on deals involving the government. Among these issues include federal regulatory requirements, government approvals and novations.
This course offers an overview of the latest trends and updates in the M&A environment for government contractors in 2016. A panel of thought leaders and practitioners will examine the issues unique to merger and acquisitions involving government contractors and the regulatory hurdles businesses may face. The speakers will also discuss best practices on how to address and mitigate unique risks associated in this kind of transaction.
Key topics include:
- Current Trends in Government Contractor M&A
- Government Contracting Rules that Affect M&A Deals
- Representations and Warranties for Government Contracting
- Navigating Novation with Government Customers
- Latest Regulatory Updates
- Due Diligence Issues
- Best Practices to Mitigate Risk
Peter Rosenbaum, Co-chair of Government Contracts Transactions Group
Jenner & Block LLP
Matthew Haws, Partner
Jenner & Block LLP
Grant B. Schweikert, Attorney
Jenner & Block LLP
Scott Meza, Of Counsel
Greenberg Traurig, LLP
Ryan C. Bradel, Shareholder
Greenberg Traurig, LLP
- Market Overview and recent deals
- Market Overview
- A brief look at 2015/2016 Activity
- A word about the outlook for 2016/2017
- Government Contract basics
- What is a Government Contract
- Applicable laws & Enforcement
- Due diligence and compliance issues
- Confidentiality Issues / Treatment of Competitively Sensitive Info & Classified Info
- OCI issues
- CBE and mandatory disclosures / Anti-kickback
- Effectuating the Deal
- Letter of Intent / Affiliation Issues
- Structuring the Deal (asset, stock or merger)
- Novation Issues
- Tax Matters
- Regulatory reviews
- CFIUS & FOCI
- Small Business Issues
Who Should Attend:
- Government Contractors
- Contracting Attorneys
- M&A Lawyers
- Senior Management
- Private and Public Companies
Peter Rosenbaum is co-chair of Jenner & Block’s Government Contracts Transactions Group. In that role, Mr. Rosenbaum assists public and private companies with all facets of middle market mergers and acquisitions, with a focus on government contractors within the aerospace and defense, and information technology industries.
In addition, Mr. Rosenbaum has provided transactional pro bono assistance to a wide variety of charitable and educational organizations, including the Expanded Mental Health Services of Chicago, Scott S. Cowen Institute for Public Education Initiatives at Tulane University, the Chicago Citywide Literacy Coalition and the American Association of Rhodes Scholars. Mr. Rosenbaum joined Jenner & Block in 2005 and is based in the firm’s Chicago office.
Peter Rosenbaum is co-chair of Jenner & Block’s Government Contracts Transactions Group. In that role, Mr. Rosenbaum assists public and …
Matthew Haws is a partner in the Government Contracts Practice. He represents clients ranging from defense manufacturers to IT systems integrators on government contract and grant law issues, including claims, compliance and investigations.
Mr. Haws guides contractors through complicated issues in their relationship with the government, including Inspector General investigations, False Claims Act (FCA) filings and suspension/debarment proceedings. He has conducted investigations and provided strategic guidance to contractors facing these issues and has served on an independent monitor team pursuant to an agency administrative compliance agreement. Mr. Haws also has significant experience pursuing contractor claims against the government, disputes between contractors and subcontractors, internal investigations and mandatory disclosures, government contract intellectual property disputes, and interactions with the government related to allowability and allocation of costs.
Mr. Haws previously spent two years seconded in-house at the legal departments of two of the most significant government contractors in the world. In addition, he has served in numerous leadership roles in the American Bar Association’s Public Contract Law Section, including chair of the International Procurement Committee, liaison of the Section of International Law to the Public Contract Law Section, and a member of the Section's Strategic Planning Committee. He has also served as the ABA representative to the UNCITRAL Working Group on Procurement, and was a member of the Service Contracting Best Practices Task Force.
For more than 10 years, Mr. Haws has provided pro bono counseling to nonprofits and small, disadvantaged businesses through the DC Bar Community Economic Development Program, including long-term assistance to grant recipients and small companies entering the government contract market. He serves on the DC Bar Pro Bono Committee, and is vice chair of the Nonprofit/Small Business Legal Assistance Committee. As vice chair, Mr. Haws is focusing on using technology to make program resources accessible to entrepreneurs in DC and beyond.
Matthew Haws is a partner in the Government Contracts Practice. He represents clients ranging from defense manufacturers to IT systems …
Grant B. Schweikert is an associate in the firm’s Government Contracts practice group. He represents government contractor clients, including aerospace and defense firms, in a wide variety of procurement-related issues. His proactive approach allows his clients to successfully navigate the shifting regulatory landscape and the numerous challenges that can arise while doing business with the federal government.
Mr. Schweikert has represented clients in complex issues such as Federal Acquisition Regulation (FAR), Defense FAR Supplement (DFARS), and Cost Accounting Standards (CAS) compliance, Defense Contract Audit Agency (DCAA) audits, contract terminations and settlements, and a wide variety of contract disputes. His significant experience in the military, as well in private practice, gives him a unique perspective with which to serve his clients’ interests.
Before joining Jenner & Block, Mr. Schweikert spent two years practicing as an associate in a national law firm where he focused on government contracts law, mergers and acquisitions, and various corporate transactions for both public and privately held companies. In representing both Fortune 500 companies and family-owned businesses, he has developed and implemented various growth and exit strategies and deal structuring techniques to achieve maximum value for his clients.
Grant B. Schweikert is an associate in the firm’s Government Contracts practice group. He represents government contractor clients, including aerospace …
Scott Meza has more than 25 years of experience assisting businesses in complex transactions such as mergers, acquisitions, spin-offs of public and private companies, and sophisticated equity and debt financings and recapitalizations. Scott's broad industry experience includes managing transactions for technology-based companies as well as companies operating in highly regulated environments like government contracting, telecommunications, and health care. Representative transactions include stock-for-stock combinations, cash-out mergers, tender and exchange offers, management buyouts, stock and asset purchases, distressed company acquisitions (e.g., bankruptcy auctions), corporate spin-offs and divestitures, and corporate governance matters.
Scott regularly represents venture funds and emerging growth companies in a variety of financing transactions, ranging from preferred stock sales, subordinated debt lending and licensing, and other strategic alliances.
Scott has also been a leader in organizing networks of accredited "angel" investors, which actively invest in emerging growth companies around the country. Scott also advises senior management and boards of directors on executive employment and compensation issues and equity incentive plans.
Scott Meza has more than 25 years of experience assisting businesses in complex transactions such as mergers, acquisitions, spin-offs of …
Ryan C. Bradel is an experienced government contracts lawyer. He focuses his practice on government contracts litigation matters and has successfully represented clients before the Court of Federal Claims, the Boards of Contract Appeals, the Government Accountability Office, the SBA’s Office of Hearings and Appeals, and state and federal courts. In these forums, Ryan has successfully prosecuted and defended complex bid protests, secured multimillion-dollar awards on claims against the government, litigated prime-sub disputes, and obtained precedent-changing opinions in size appeals. Additionally, Ryan has participated in internal investigations in the context of False Claims Act suits, Inspector General probes, and DCAA audits. Beyond his government contracts representations, Ryan also practices in the areas of campaign finance and election law where he helps companies, candidates, and individuals navigate the rules governing campaign contributions, Political Action Committees, ballot access requirements, and election recounts.
Ryan C. Bradel is an experienced government contracts lawyer. He focuses his practice on government contracts litigation matters and has successfully …
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Greenberg Traurig is an international law firm with approximately 1900 attorneys and governmental affairs professionals in more than 38 locations in the United States, Latin America, Europe, the Middle East, and Asia. The firm’s attorneys help clients bridge diverse legal systems and cultures, with a focus on efficient, effective strategic advice and legal services. Greenberg Traurig’s multidisciplinary team includes lawyers who have been the chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political and legal arenas.