Government Contracts Specialty Support in Mergers and Acquisitions (M&A) Due Diligence
1. Contract Review and Analysis
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- Thoroughly reviewing and analyzing government contracts to identify key terms, conditions, and obligations.
- Assessing the compliance status of existing contracts to ensure all regulatory requirements are met.
2. Risk Assessment
- Identifying potential risks associated with government contracts, including performance issues, pending claims, and regulatory compliance.
- Evaluating the impact of any identified risks on the overall transaction.
3. Regulatory Compliance
- Ensuring the target company's contracts comply with the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and other applicable regulations.
- Advising on the implications of non-compliance and necessary corrective actions.
4. Assignment and Novation
- Facilitating the assignment or novation of government contracts to the acquiring entity, ensuring compliance with government requirements.
- Handling the necessary documentation and communications with contracting officers.
5. Intellectual Property and Data Rights
- Reviewing and protecting intellectual property and proprietary information associated with government contracts.
- Ensuring proper data rights assertions and compliance with regulatory authorities.
6. Performance and Financial Considerations
- Analyzing past performance evaluations and financial records to assess the target company's reliability and stability.
- Addressing any outstanding financial issues, such as cost disallowances or disputes.
I help clients navigate the M&A due diligence process efficiently, identify and mitigate potential risks, and ensure compliance with regulatory requirements. This support is essential for a successful transaction.