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Attorney Spotlight

Learn about Richard Arnholt's diverse government contracts practice and why he chose to pursue a career in the legal field. Read more>

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In June 2017, Pinnacle Financial Partners, Inc. (NASDAQ: PNFP) closed a $1.9 billion merger with BNC Bancorp (NASDAQ: BNCN) pursuant to which BNC merged with and into Pinnacle. With the completion of the transaction, Pinnacle becomes a Top 50 U.S. Bank. The merger will create a four state footprint concentrated in 12 of the largest urban markets in the Southeast. 

Bass, Berry & Sims has served Pinnacle as primary corporate and securities counsel for more than 15 years and served as counsel on the transaction. Our attorneys were involved in all aspects related to the agreement, including tax, employee benefits and litigation. 

Read more details about the transaction here.

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Regulation A+

It seems that lately there has been a noticeable uptick in Regulation A+ activity, including several recent Reg A+ securities offerings where the stock now successfully trades on national exchanges. In light of this activity, we have published a set of FAQs about Regulation A+ securities offerings to help companies better understand this "mini-IPO" offering process, as well as pros and cons compared to a traditional underwritten IPO.

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GovCon Blog: Successful GAO Bid Protest of VA Award

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July 24, 2015

We represented Ed Medical, Inc., a Tennessee-based full service home medical supply provider, in a successful bid protest at the U.S. Government Accountability Office (GAO). For the past 11 years, Ed Medical has been providing home oxygen services for the Veterans Administration (VA) . Ed Medical's VA contract covers Region 9 of the Veterans Integrated Services Network (VISN 9) which includes Tennessee and Kentucky, as well as portions of Mississippi and West Virginia. Last year, the VA released a solicitation for follow-on work in VISN 9, for which Ed Medical submitted a competitive proposal. 

In March 2015, the VA announced an award under the solicitation to another contractor, revealing the award price of approximately $18 million. Given Ed Medical's vast experience providing home oxygen services in the region, it was immediately clear the price of the award was far too low for the work required. Thus, we filed a bid protest at GAO challenging the VA's award decision based on the award price.

In the protest, we argued that the Solicitation required the VA to evaluate each offeror's proposed price to determine whether it was realistic, i.e., whether the offeror could actually perform the work for the proposed price. The record demonstrated that the VA failed to conduct the price realism analysis, and awarded the contract without considering the risk inherent with such an unrealistically low price.  GAO agreed with our argument and sustained the protest on those grounds. The VA was instructed to take corrective action and reevaluate the offeror's price proposals for realism, and potentially make a new source selection decision.

To read the decision, click here.

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


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