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

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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.

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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.


 


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