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How does Eli Richardson's past work with the federal government inform his client interactions? Find out more>

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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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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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