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Oct 11, 2024 | 
mondaq.com | Erin EWilson Rankin |Brittany Kouroupas
On September 26, 2024, the Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS), implementing requirements for contractors to submit cost and pricing data under Section 811(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018, Section 814 of the NDAA for FY 2021, and Section 804 of the NDAA for FY 2022, which updated the Truthful Cost or Pricing Data statute (formerly Truth in Negotiations Act (TINA)...
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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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Apr 3, 2024 | 
lexblog.com | Nicole Owren-Wiest |Erin EWilson Rankin
To set the groundwork for future episodes, Nicole Owren-Wiest and Erin Rankin talk fundamentals: What is the purpose behind the often counter-intuitive and complex government contracts cost and pricing rules? What are the various price analysis techniques available to the world’s largest buyer of goods and services? “It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments.
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Mar 11, 2024 | 
lexblog.com | Nicole Owren-Wiest |Erin EWilson Rankin
Our Two CentsIn this second inaugural episode of It All Adds Up, Nicole Owren-Wiest and Erin Rankin riff on why they care so much about government contracts cost and pricing – and why you should, too. “It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments. Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts
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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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Feb 1, 2024 | 
lexblog.com | Michelle Coleman |Erin EWilson Rankin |Amanda McDowell
On remand from the U.S. Court of Appeals for the Federal Circuit, in ECC International Constructors, LLC, ASBCA Nos. 59586, 59643, the Armed Services Board of Contract Appeals concluded that, by waiting until after a hearing on the merits and six years after the appeal was filed, the government forfeited its right to challenge the contractor’s satisfaction of the FAR’s sum-certain requirement for Contract Disputes Act claims.
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Jan 12, 2024 | 
lexblog.com | Erin EWilson Rankin |Michelle Coleman |Zariah Altman |Lucy Hendrix
On December 20, 2023, the Armed Services Board of Contract Appeals (Board) denied the government’s motion to dismiss a prime contractor’s pandemic-related claims filed on behalf of its subcontractors. The Board rejected the government’s arguments that the claims failed to state any claims for relief that could be granted, were barred by the affirmative defense of sovereign acts, and failed to provide separate sums certain for purported sub-claims.
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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 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.
