Government Procurement Mergers, Acquisitions, Due Diligence & Novations

Our Government Procurement Mergers, Acquisitions, Due Diligence & Novations Practice is an integral part of the acquisition due diligence process. We identify and evaluate due diligence issues, advise on the transaction’s impact on existing or future government contracts, assist in the preparation of the purchasing documents, and determine if a novation, Exon-Florio, or Foreign Ownership Control and Influence filing is required.

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Mergers and acquisitions impact your business on many levels, including how your company does business with the government moving forward. We can assist you with the due diligence and analysis necessary to anticipate government contract issues.

Services we provide include:

  • Due diligence
  • Government contract review
  • Purchase document preparation
  • Novations
  • Exon-Florio filings
  • Foreign Ownership Control and Influence filings
  • Government notices
  • Security clearance transfers
  • Export control registrations and licenses

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.