Federal government contractors catch the eye of investment groups

Posted on July 10, 2008 16:42 by Andy Peters

The U.S. economy may be in the doldrums, but the federal government keeps plugging away, signing contracts and purchasing assets and services from private companies.

While McKenna Long & Aldridge partner Jeremy Silverman wouldn’t say the federal governmentU.S. Capitol is water-tight safe from the recession, he did offer that federal government contractors seem to be immune from the current economic downturn. Moreover, Washington is increasingly privatizing many of its functions, creating a boon for government contractors.

“There has been a huge increase in federal spending with private firms over the last decade,” said Silverman, an M&A partner in Atlanta.

Federal spending on government contracts increased from $209 billion in 2000 to $430 billion in 2007, according to USAspending.gov.

The steady stream of business generated by federal contracts has caught the eye of investors. One such deal involved i2S Inc., a Columbia, Md.-based company that provides information-technology services to federal agencies like the Defense Intelligence Agency and the National Reconnaissance Office, as well as private government contractors like Northrop Grumman.

In the transaction, the management of i2S acquired control of the company from the Grosvenor Funds of Washington. Silverman and other McKenna Long attorneys advised i2S on the deal.

I2S management obtained financing for the deal from Royal Bank of Scotland’s Citizens Bank and Parkway Capital Investors LLC of Towson, Md. Aronson Capital Partners LLC was investment advisor to i2S. McKenna Long picked up i2S as a client through contacts with Rockville, Md.-based Aronson Capital, with whom it had previously shared several clients in common in which McKenna Long was the legal advisor and Aronson Capital was the financial advisor, Silverman said. Aronson Capital specializes in advising government contractors.

McKenna Long also specializes in government contracts, counting Lockheed Martin, Boeing and Honeywell among its clients in that area. The law firm boasts one of the largest such practice groups in the U.S. Combining the government contracts group of McKenna & Cuneo and the traditional corporate practice group of Long Aldridge & Norman was one of the primary reasons the Washington and Atlanta law firms decided to merge in May 2002, Silverman said.

Government contracting isn’t limited to building warships and fighter planes. Hundreds of companies provide all kinds of products and services to federal agencies. McKenna Long has handled transactions for contracts with the U.S. Departments of DefenseThe Pentagon , Education, Labor and others.

There are countless details involved with performing due diligence on corporate matters related to government contracts, Silverman said. Many of those details, such as change-of-control provisions or set-asides for minority-owned or disabled veteran-owned businesses, are dictated by the rules of the Federal Acquisition Regulations System (FAR).

“Government contracts incorporate dozens, if not hundreds of FAR regulations,” Silverman said.

Although The Carlyle Group, one of the world’s largest private equity funds, has invested in government contractors for decades, most private-equity groups have shied away from the area, Silverman said. That’s changing, with private-equity funds that focus on middle-market companies turning an eye toward the District of Columbia.

“Initially these investors may have been scared off by the regulations surrounding government contractors,” Silverman said. “But what’s happened is that as other areas of the economy are really suffering, there are fewer places that look attractive, so they’re taking a harder look at this sector.

“[Government contracting] is an area that has performed at a steady and high level,” Silverman said.

McKenna Long partner Ann-Marie McGaughey and associates Kristen Beystehner and Monique Gonzalez worked with Silverman on the deal. Troutman Sanders partner Richard M. Pollak in Tysons Corner, Va. was counsel to RBS Citizens Bank. DLA Piper advised the Grosvenor Funds. Ober, Kaler, Grimes & Shriver was counsel to Parkway Capital.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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