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Find out how Gardner Bell's experience promoting financial and economic development initiatives both locally and abroad informs his role as an attorney. 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: Items Only Need to be Included on GSA Contract at Order Issuance Date

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November 9, 2015

A recent decision by the Government Accountability Office (GAO) made it clear that ordered items only need to be included on an awardee's Federal Supply Schedule (FSS) contract at the time the order is issued, and not at an earlier date. On October 2, 2015 GAO denied a protest by AmeriGuard Security Services, Inc. over the issuance of a task order by the Department of Health and Human Services (HHS) to Paragon Systems, Inc. for guard services at multiple HHS facilities. AmeriGuard's protest asserted that Paragon's quotation was unacceptable because not all of the services quoted were on Paragon's FSS contract at the time of bid submission.

HHS initially decided to award the order to Paragon based on a "best-value" evaluation, which took into account factors such as technical capability, technical approach, management approach, past performance, and price. The closing date for initial quotations was March 19, 2015, and then HHS requested revised quotations to be submitted by April 15. The agency issued the task order to Paragon on April 30, and AmeriGuard filed a timely protest alleging that not all of the services quoted were on Paragon’s FSS schedule contract by the time required.  The agency advised GAO that it was taking corrective action, noting that it would verify Paragon's eligibility for award using documentation obtained directly from GSA to confirm that Paragon had prices for all job classifications and locations by the required time. The agency proceeded to reaffirm the award to Paragon. AmeriGuard protested the reaffirmed award.

In its second protest, AmeriGuard asserted that a vendor must have prices for all job classifications and locations on its FSS contract by the closing date of the RFQ (here, by March 19). Therefore, according to AmeriGuard, Paragon's requests to modify its FSS schedule contract on March 19 and April 21 (after both bids were submitted) should be ignored since both came after the March 19 closing date for initial quotations. HHS, on the other hand, maintained that the order was proper because Paragon’s schedule contract had been modified to include the additional items by April 30, the date of the order. GAO agreed with HHS, denying the protest and making it clear that all items ordered need only be on the vendor’s FSS contract at the time the order is issued, and not before.

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


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