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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 Trade Blog: A "Starry" Saga: Protester Prevails After Four Protests and an Overturned Solicitation Cancellation

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July 29, 2016

On July 27, 2016, the U.S. Court of Federal Claims held that the U.S. Department of Health and Human Services (HHS) was unreasonable in cancelling its solicitation for on-site operational support for the HHS Unified Financial Managements System (UFMS). The decision, Starry Associates, Inc. v. United States, is unusual, given that the Government Accountability Office (GAO) and the Court of Federal Claims are typically reluctant to oppose an agency's decision to cancel a solicitation. The decision serves as a useful reminder that such discretion is not unfettered and will be overturned where it is arbitrary and capricious. 

The case involved a Request for Quotations (RFQ) issued by HHS's Program for Support Center (PSC) on November 13, 2014. In December 2014, the contract was awarded to Intellizant after HHS found Intellizant to be the lowest priced, technically acceptable offeror. Following the award to Intellizant, Starry Associates, the incumbent contractor, filed its first GAO protest, arguing that Intellizant was unqualified and did not have the key personnel necessary to support to the program. Starry also claimed that the award was tainted by the fact that HHS's Accounting Services Division Manager, John Davis, was previously employed by Intellizant. image


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

Bass, Berry & Sims' Government Contracts & International Trade 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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