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High-Growth Government Contractor News from PVBS
February/March 2009
 
703.391.0977
 
In This Issue
Dynamics NAV 2009 Launch on March 19!
LEGAL TIPS: Major Terms that Sellers Should Expect
President Says "NO" to Cost-Plus Contracts
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Microsoft Selects PVBS to Roll Out Dynamics NAV 2009 at Major New Product Launch Event on March 19
 
PVBS and Microsoft will launch Dynamics NAV 2009 for Government Contractors at a major event at the Reston Microsoft Technology Innovation Center on March 19. This event is open to all government contractors however pre-registration is required.  To register, please click here. This event should not be missed by finance and operations executives at growing government contractors and resellers. 
 
Read the press release "PVBS Selected by Microsoft to Host New Financial Management Software Launch for Government Contractors and Resellers."
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From the Desk of Bernard Mustafa
 

The New Realities Around the Stimulus

PVBS was pleased to co-sponsor the GrantThornton Government Contractor Industry Roundtable on February 24 featuring PSC's Stan Soloway and GrantThornton's Norm Duquette.  Soloway presented "The Federal Services Market Outlook."
 
Soloway focused on the "New Reality" that the Stimulus presents such as how substantial portions will remain at the Federal level although most of the spend will be at state and local levels. In addition to traditional infrastructure, the bill includes billions in IT modernization, and civilian and defense facilities improvements.
 
Keys to watch will be the appropriation process and how the Stimulus affects funding/committee prioritization, as well as how the FY10 and FY11 budgets are reflected. Other things to watch will be around the major authorization bills. What action will we see from Congress concerning outsourcing/insourcing?

If you would like a copy of either presentation, email me. I'd be interested in your thoughts delivered in the presentations.

Best regards,
Bernard Mustafa
CEO, PVBS
www.pvbs.net

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LEGAL TIPS: Major Terms that Sellers Should Expect to See in an Exit Event
 
William J. Mutryn, a partner in Holland & Knight's Northern Virginia office, and co-Leader of the firm's national Corporate and M&A Practice Group frequent answers legal questions concerning mergers and acquisitions for our newsletter. He practices principally in the areas of mergers and acquisitions, commercial transactions, corporate governance and finance. Over the last few years, he has served as lead counsel in over 50 M&A transactions and is the President of ACG's National Capital Chapter. He was also on the keynote panel at the Microsoft Government Contractor Summit in December.
 
Bill MutrynQUESTION: In general, what are some of the major terms that sellers should expect to encounter in an exit event and what terms should sellers strive for?  These might include escrows/holdbacks, survival periods, indemnification caps and baskets, working capital requirements and non-competes.

ANSWER:
The terms and conditions of transaction documents have become much more complex in recent years and contain numerous terms, conditions, and provisions.  Some of the most important terms expected to be encountered by sellers and the prevailing range of how they are typically resolved can be found here.

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SET ASIDE ALERT: As Cost-Plus Contracts Grow, President Says "NO"
 
This article was submitted by Warren Corbett, Business Research Services Inc. (Bethesda, MD), publishers of Set-Aside Alert. Subscription information can be found at www.setasidealert.com.
 
Cost reimbursable contracts accounted for the largest share of federal work in 2007, according to a survey of contractors by the consulting firm Grant Thornton. Service contractors reported receiving 45% of their revenue from cost reimbursable contracts, up from 28% three years earlier.
 
But that contract type is now under attack. Congress last year ordered federal agencies to minimize the use of such contracts. In a position paper during his campaign, President Obama also called for limits on cost-plus contracts. "These contracts are vulnerable to waste because they provide no incentive to control costs," the paper said.
Set-Aside Alert
 
"It is difficult to equate the high use of cost reimbursable contracts with the notion that the government is attempting to use more commercial processes to streamline federal procurement," Grant Thornton commented. "The commercial environment normally uses fixed price or time and material contracts while the government continues to maximize the use of cost reimbursable contracts."

An additional 39% of revenues came from time and materials contracts, which have also drawn criticism because they pose additional risk of increased costs. The Defense Department has ordered its contracting officers to use T&M contracts only when "no other contract type is suitable."  Just 20% of contractor revenues were derived from fixed-price contracts.

Grant Thornton surveyed 120 government contractors of all sizes, primarily in the professional services field, about their financial results for fiscal 2007. Thirty-nine percent of the companies responding reported profits in the range of 6% to 10% of revenues. Almost one-third said their profit rate was 5% or less.  Contractors said the level of executive compensation was the most frequent issue raised by government auditors. Labor rates and consultant costs were next most-likely to be challenged by auditors. The companies reported employee pay raises averaged 3.5% to 4% in 2007, unchanged from the year before.
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Be sure to visit and register at our blog.
 
Sincerely,

Bernard
Pleasant Valley Business Solutions
 
Microsoft Gold Partner
 Progeny Systems Selects Microsoft Dynamics NAV 2009
Defense contractor Progeny Systems selected Microsoft Dynamics NAV 2009 as its ERP and financial management system to replace the company's two production and accounting systems.
Microsoft Dynamics NAV 2009 is fully Defense Contract Audit Agency (DCAA) compliant. Read the full story here.
About Microsoft Dynamics NAV for Government Contractors

Microsoft Dynamics NAV for Government Contractors from PVBS is an ERP solution that has been designed specifically for companies that provide services and/or sell products to the Federal Government. It features:


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