Lunch with a Lawyer: Mergers and Acquisitions in Government Contracting [4/26/2023 11]
Considering buying or selling a government contracting business? There is a great deal of Mergers & Acquisition (M&A) activity in the GovCon space right now. The majority of Government Contracts involve small businesses. Well over 50% of transactions in this space are below $50 million. Small businesses can provide a buyer with targeted client access, intellectual property, valuable management personnel, and past performance while limiting organization and conflict-of-interest risks.
For many business owners who start their own government contract businesses, the company is part of them. And many have always imagined the day their hard work would be recognized by a purchase that lets them either “cash out and retire to the beach” or allows them to pursue other goals. For some companies who have had success, they want to grow the business by acquiring competitors or acquiring to grow business lines, or going into new areas
- Status can be a valuable asset.
- Maximizing Value
- Transaction Multiples
- Multiples do not dictate value, they are merely a tool to describe value.
- The biggest driver in value is the cost of capital – risk
- Cash flow and growth matter; but lowering the risk for the buyer can truly increase the price for the seller, so addressing a few key areas can make a big difference. These include – leadership, sales, marketing, operations, finance, and legal.
The Anatomy of a Merger & Aquisition Deal:
- The Transaction
- The Players
- Confidentiality Agreement (NDA)
- Letter of Intent
- Due Diligence
- Deal Structure
- Small Business Set Aside Contracts and possible loss of Small Business Status
- Anti- Trust
- Foreign Ownership
- Conflicts of Interest
- Intellectual Property
- Name Change
- Wrap Up
- Q & A
Presented By Richard Raleigh:
Rich Raleigh focuses his practice on litigation with an emphasis on government contracts, employment law, complex business litigation (including trade secrets and non-compete litigation), and civil litigation. Drawing upon his experience in the U.S. Army JAG Corps, Rich has successfully represented clients dealing with issues related to government contracts, non-competition agreements, and trade secrets. He regularly handles matters requiring immediate action –motions for temporary restraining orders and preliminary injunction hearings – particularly in cases involving non-compete agreements and claims of misappropriation of trade secrets. He has also successfully represented clients in appeals before many appellate courts, including the U.S. Courts of Appeal for the Fifth, Sixth, and Eleventh Circuits, the Alabama Supreme Court, and specialty courts like the U.S. Court of Federal Claims.