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What colorful method does Claire Miley use to keep up with the latest healthcare regulations as they relate to proposed transactions? Find out more>

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On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

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Securities Law Exchange BlogSecurities Law Exchange blog offers insight on the latest legal and regulatory developments affecting publicly traded companies. It focuses on a wide variety of topics including regulation and reporting updates, public company advisory topics, IPO readiness and exchange updates including IPO announcements, M&A trends and deal news.

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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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