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How does Eli Richardson's past work with the federal government inform his client interactions? Find out more>

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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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GovCon Blog: Reminder - Senders Beware: Verify Receipt of Email

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May 13, 2015

A recent size appeal at the Small Business Administration (SBA) serves as a good reminder to government contractors to verify actual receipt of email appeals or risk having their protest dismissed as untimely. The SBA recently dismissed a size appeal for this very reason. Size Appeal of Supplies Now, Inc., SBA No. SIZ 5655 (2015) involved a set-aside procurement for office supplies. Supplies Now, Inc. filed an initial size protest against EZ Print Supplies that was deemed untimely and dismissed at the SBA. After receipt of the initial size determination on February 3, 2015, Supplies Now submitted its appeal the Office of Hearings and Appeals (OHA) via email on February 18, 2015. The SBA rules require a size protest appeal be filed within 15 business days after size notification. While the appeal was sent within the 15 day time period, OHA never actually received the appeal. In order for an appeal to be considered "filed" it must actually be received by OHA. Furthermore, Supplies Now, waited weeks to contact OHA after receiving no response during that period. An acknowledgement from the email system was deemed insufficient. SBA reiterated that an appeal is not considered filed until it is actually received, and while email is a permissive method of delivery, "the sender is responsible for ensuring a successful, virus-free transmission." For those reasons OHA dismissed the appeal as untimely.

This case serves as an important reminder to those who wish to file a size protest or size appeal via email. Given OHA has no discretion to extend or waive the deadline, it is imperative to ensure your appeal is actually received. In the Supplies Now decision, OHA even encourages senders to contact OHA to verify receipt.

Read more about government contracts on www.bassberrygovcon.com.


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