Best Practices in the Acquisition of a Government Contractor, Second Edition

Todd Overman, Member, Bass, Berry & Sims PLC, Washington, DC. Todd Overman is the Chair of Bass, Berry & Sims' Government Contracts practice.  His practice includes a combination of transactional issues, dispute resolution and regulatory advice. His transactional practice focuses on advising clients in complex business transactions involving government contractors. He counsels buyers and sellers of government contractors in mergers and acquisitions and securities offerings. In particular, he concentrates on industrial security issues that may arise during the sale of government contractor entities to foreign-owned concerns (i.e., FOCI mitigation), as well as navigating rules impacting small business concerns. Mr. Overman also assists clients in the negotiation of subcontracts, teaming agreements, joint ventures and non-disclosure agreements in connection with the pursuit or performance of federal contracts. His regulatory practice focuses on counseling clients on small business assistance programs, in particular, the Small Business Innovation Research (SBIR), 8(a) Business Development, Women-Owned Small Business (WOSB), and Service Disabled Veteran Owned (SDVO) programs. In addition, he counsels clients on the General Services Administration's Federal Supply Schedule program, including compliance with the Price Reductions clause and Commercial Sales Practices disclosures. He also advises clients on risk management and contractor protections, including the SAFETY Act, P.L. 85-804, and the Public Readiness and Emergency Preparedness Act (PREP Act). Mr. Overman's dispute resolution practice includes litigating and mediating government contractor claims, bid protests, and size protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, the Small Business Administration's Office of Hearings and Appeals, and the Armed Services and Civilian Boards of Contract Appeals. His dispute resolution experience includes mediations with federal government agencies and disputes involving prime and subcontractors. Prior to joining Bass, Berry & Sims, PLC, Todd was a partner at Hogan Lovells US LLP, and began his legal career by clerking for the Hon. Loren A. Smith of the U.S. Court of Federal Claims. Damien is a partner in Morrison & Foerster's Government Contracts & Public Procurement practice. He represents clients in all facets of government contracts transactions, as well as regulatory counseling, subcontract and teaming agreement negotiations, contract disputes, size protests, and bid protests. Damien has been recognized as a leading Government Contracts lawyer by various publications. Chambers USA explains that he “is a strong choice for advising government contractors on M&A transactions,” and sources say “his biggest strength is that he is very commercial, thinking about both the legal and business side of things.” National Law Journal found that federal lawmakers turn to him when they “need expert advice about small-business policy.” Damien regularly serves as lead counsel in high-stakes litigation, including pre- and post-award protests at the GAO, the U.S. Court of Federal Claims, and state tribunals, as well as in size protests and appeals. He has also played a significant role in dozens of government contracts transactions, representing industry leaders, private equity firms, and entrepreneurs. Damien holds an active security clearance. He serves as Co-Chair of the ABA Public Contract Law Section Mergers and Acquisitions Committee and in the leadership of the American Bar Association Small Business & Other Socioeconomic Programs Committee. Damien has testified about procurement issues before the United States House of Representatives.