How An Acquisition Can Jeopardize Pending Bids

Law360, New York (December 12, 2016, 12:06 PM EST) -- Steven S. Diamond

Joan G. Ochs When acquiring a government contractor, review and analysis of the target's current government contracts is a central focus of due diligence for purposes of assessing the legal and business risks. Pending bids and proposals, however, also present unique issues and challenges and could have a significant impact on the anticipated value of the business. Post-acquisition, the loss of resources from a former parent company or affiliated company may jeopardize the target company's pending proposals. This situation could arise both where the proposal is successful and a protester challenges the award to the successor contractor, and...

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