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Jan 24, 2025 | 
mondaq.com | Nicole Owren-Wiest |Erin N. Rankin |Catherine Shames
On January 17, 2025, the Department of Defense (DoD) issued a final rule replacing the term"significant deficiency" in the Defense FederalAcquisition Regulation Supplement (DFARS) with the term"material weakness" for use in reviews of contractorbusiness systems.
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Oct 9, 2024 | 
mondaq.com | Nicole Owren-Wiest |Erin N. Rankin |Catherine Shames
The U.S. Court of Appeals for the Federal Circuit has confirmed
that the Court of Federal Claims (COFC) has jurisdiction to decide
whether contractors may offset cost impacts from multiple,
simultaneous cost accounting changes when some changes increase
costs to the Government, and other changes decrease costs to the
Government.
The dispute dates back to 2011, when The Boeing Company made
eight simultaneous changes to its cost accounting practices.
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Jul 2, 2024 | 
mondaq.com | Erin EWilson Rankin |Catherine Shames |Nicole Owren-Wiest
The Department of Defense (DoD) recently announced that it seeks
public comments on a proposed change to the contractor business
systems regime.
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Mar 4, 2024 | 
mondaq.com | Nicole Owren-Wiest |Erin N. Rankin |Catherine Shames
In Strategic Technology Institute, Inc. v. Sec'y of Def., 91 F.4th 1140 (Fed. Cir. 2024), the
Federal Circuit affirmed a decision by the Armed Services Board of Contract
Appeals (ASBCA), which held that the government's 2018
claim was not time-barred by the Contract Dispute Act's (CDA)
six-year statute of limitations.
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Feb 22, 2024 | 
lexblog.com | Nicole Owren-Wiest |Erin EWilson Rankin |Catherine Shames
In Strategic Technology Institute, Inc. v. Sec’y of Def., 91 F.4th 1140 (Fed. Cir. 2024), the Federal Circuit affirmed a decision by the Armed Services Board of Contract Appeals (ASBCA), which held that the government’s 2018 claim was not time-barred by the Contract Dispute Act’s (CDA) six-year statute of limitations.
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Jan 4, 2024 | 
lexology.com | Adelicia R. Cliffe |Lorraine M. Campos |Maria Alejandra del-Cerro |Olivia Lynch |Robert J. Sneckenberg |Eric Ransom | +15 more
The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024, signed into law on December 22, 2023, makes numerous changes to acquisition policy. Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here.
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Apr 24, 2023 | 
lexblog.com | Nicole Owren-Wiest |Erin EWilson Rankin |Catherine Shames
In Voxtel, Inc., ASBCA No. 60129 (March 9, 2023), the Armed Services Board of Contract Appeals (ASBCA) issued a decision that presents a primer on the resolution of indirect cost rate disputes. The ASBCA granted the contractor’s appeal in part, finding that its claimed executive compensation and independent research and development (IR&D) costs were allowable, but that certain rental costs related to the “fit-up” of a leased facility were unallowable.
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Apr 24, 2023 | 
today.westlaw.com | Nicole Owren-Wiest |Catherine Shames |Erin N. Rankin
(May 4, 2023) - Attorneys at Crowell & Moring LLP discuss how an Armed Services Board of Contract Appeals decision in an indirect cost rate dispute can aid government contractors facing similar scrutiny. In Voxtel, Inc., ASBCA No. 601291 (March 9, 2023), the Armed Services Board of Contract Appeals (ASBCA) issued a decision that presents a primer on the resolution of indirect cost rate disputes.
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Apr 11, 2023 | 
lexology.com | Nicole Owren-Wiest |Erin EWilson Rankin |Catherine Shames
In Triple Canopy, Inc., ASBCA Nos. 61415, et al. (March 23, 2023), the Armed Services Board of Contract Appeals (ASBCA) resolved a long-running dispute in favor of the contractor over reimbursement of fees imposed by the Afghan government on large security firms operating in the country. The ASBCA found the fees were akin to after-imposed taxes, reimbursable by the U.S. government, and not penalties for illegal conduct.
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Apr 5, 2023 | 
lexblog.com | Nicole Owren-Wiest |Erin EWilson Rankin |Catherine Shames |Zariah Altman
On March 22, 2023, the Department of Defense (DoD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to allow a procuring contracting officer (PCO) to delegate the authority to the contract administration office (CAO) to negotiate and settle direct costs questioned in an indirect cost rate proposal audit. After the delegation, the PCO must provide the CAO access to all supporting documentation related to questioned direct costs within 30 days.
