Close X
Attorney Spotlight

How does Jordana Nelson's prior experience as a general counsel inform her work with firm clients? Read more>

Search

Close X

Experience

Search our Experience

Experience Spotlight

The M&A Advisor Winner 2017The M&A Advisor announced the winners of the 16th Annual M&A Advisor Awards on Monday, November 13 at the 2017 M&A Advisor Awards. Bass, Berry & Sims was named a winner in the two categories related to the following deals:

M&A Deal of the Year (from $1B-$5B) – Acquisition of CLARCOR Inc. by Parker Hannifin Corporation

Corporate/Strategic Deal of the Year (over $1B) – Acquisition of BNC Bancorp by Pinnacle Financial Partners

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

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.

Read now

GovCon Blog: Is It Too Late to Cure a Violation of the Nonmanufacturer Rule?

Firm Publication

Publications

January 14, 2016

Have you submitted your final proposal? If so, and you've bid on a small business set aside supply contract, then it is probably too late to cure a possible violation of the nonmanufacturer rule. In a recent decision, the Small Business Administration's Office of Hearings and Appeals (OHA) concluded that once a firm has submitted its final bid or final proposal revision, any subsequent changes in performance approach would be ignored for purposes of assessing the challenged firm's size and compliance with the nonmanufacturer rule.

The appeal was filed by Sea Box, Inc. against Reagent World, Inc. (RWI), regarding an Army solicitation for 12 QuadCon metal containers. OHA denied the appeal, finding that the appellant's arguments lacked merit, but nevertheless remanded the case to the Area Office for further consideration. The case was remanded because OHA discovered that the Area Office clearly erred in its analysis of RWI's compliance with the fourth requirement of the nonmanufacturer rule. Specifically, OHA held that the Area Office erred by evaluating RWI's compliance with the nonmanufacturer rule when it took into consideration a quotation from a subcontractor that was only made available after submission of the final proposal. OHA found that compliance with the rule is determined as of the date of the final proposal, and any subsequent changes will not be recognized.

www.BassBerryGovCon.com image

 

To continue reading the content in this article on the firm's Government Contracts blog, please click here to view the post.

Bass, Berry & Sims' Government Contracts blog features news, commentary and insight on the demanding and ever-changing regulatory environment of contracting with federal, state and local governments, and international trade issues when conducting a global business.


 


Related Professionals

Related Services

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.