Whether you are the target or the acquirer, we can assist you in identifying those issues that could trigger a claim under the indemnification clause of the purchase agreement or have a significant adverse impact on the acquired company, such as:
We are often retained by other law firms to perform due diligence when a business with significant government contracts is being acquired. We ask the right questions to help determine the target business’ stability and to aid in alleviating risk. We draft the government contract-related provisions of the purchase agreement to include applicable government contract-related representations and warranties.
We also can assist you post-acquisition in pursuing a novation or providing the government with other required notices. For example, when a client acquires a small business, we assist the client in assessing whether the target will continue to qualify as a small business post-acquisition and, if not, we assist the client in providing the government with notice of its change in small business size status. Additionally, we offer counsel on the transfer of security clearances and export control registrations and licenses to the new company post-acquisition.