Government Contracts Legal Forum

OOPS 2016 Hosts Leading Government Contractors and In-House Counsel

Posted in Events
Crowell & Moring

Leading Government Contractors and their in-house counsel arrived at Crowell & Moring’s annual Ounce of Prevention Seminar (OOPS) at the Marriott Renaissance Hotel today. The 32nd annual event, which runs May 25-26, opened with remarks from partners Daniel Forman and Amy O’Sullivan, and a panel featuring Crowell & Moring chair Angela Styles, partner Robert Burton, and the Coalition for Government Procurement’s Roger Waldron. The panel, pictured here, addressed the factors that are driving change in today’s contracting environment and what may be in store in the final months of the Obama Administration.

The Government Contracts Legal Forum is live tweeting the event, so be sure to follow us on Twitter @GovConCrowell.

OOPS Opening - 2


Federal Agencies’ Proposal Would Require Some Government Contractors to Report Whether They Publicly Disclose Greenhouse Gas Emissions and Reduction Goals

Posted in Legal Developments
Peter J. EyreCameron Prell

Today, the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (collectively, the “FAR Council”) proposed amendments and revisions to the Federal Acquisition Regulation (FAR) that would require some government contractors to indicate whether they publicly disclose greenhouse gas (GHG) emissions and/or quantify corporate GHG reduction goals. Comments are due by July 25, 2016.

Click to read the full analysis on


OOPS 2016 Starts Tomorrow!

Posted in Cost/Cost Accounting, Cybersecurity, Events, Labor & Employment
Crowell & Moring

We’ve wrapped up our preview posts, which gave a sneak peek at a few of tomorrow and Thursday’s OOPS panels including cybersecurity (OOPS Preview: Regulating Information: Cybersecurity, Internet of Things, and Exploding Rules), costs & accounting OOPS Preview: Cost & Accounting: Items at the Top of the Ledger) , and labor and employment (OOPS Preview: Executive Actions: How Do Contractors Deal with Labor-Related Burdens?)  

It’s not too late to register for the event! Click here for details and directions.

We’ll see you tomorrow at the Renaissance Hotel in Washington, D.C.! The full agenda can be viewed here.



GSA to Require SCA Wage Determinations at the Task Order Level

Posted in GSA Schedule/Commercial Items
Lorraine M. CamposSteve McBradyLeslie A. MonahanTrina Fairley Barlow

Beginning in June 2016, GSA will remove current wage determinations from existing MAS Schedules and require ordering agencies to incorporate determinations at the task order level to ensure that the “most recent” wage determinations are incorporated when an individual task order is placed.  The recently announced change is part of GSA’s plan to “update” the process by which  the Service Contract Act is incorporated into Multiple Award Schedules. 


OOPS Preview: Regulating Information: Cybersecurity, Internet of Things, and Exploding Rules

Posted in Cybersecurity, Events
Kate M. Growley

Companies of all sizes are increasingly subject to the practical and legal implications of today’s cybersecurity environment, and contractors are no exception.  On May 26, 2016, at 11:00 AM Eastern, Crowell & Moring attorneys David Bodenheimer, Evan Wolff, and Kate Growley will lead a discussion highlighting some of the past year’s most significant cyber contracting developments, what trends are worth watching for the future, and how contractors can craft a comprehensive approach to get ahead of it all.  Specific topics include:

  • Revisions to DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting
  • Publication of FAR 52.204-21, Basic Safeguarding of Contractor Information Systems
  • Managing the “Internet of Things”
  • Approaches to cyber lifecycle management, including compliance, supply chain risk, and information sharing

Check back in the coming days for more updates as we count down to OOPS on May 25th (in DC)! You can also check for updates on Twitter using the hashtag #cm2016oops, and at

Click here to register for OOPS on May 25-26th in Washington, DC.


ASBCA Addresses Claim Accrual on Prompt Payment Act Interest Penalties

Posted in Legal Developments
Steve McBrady

The Prompt Payment Act requires the government to pay an interest penalty when it fails to make a payment by the required payment date. But, for CDA statute of limitations purposes, when does that penalty claim accrue?   This issue was addressed in the recent Public Warehousing Co. (May 2, 2016) decision, where the Board held the SOL on a contractor’s claim for interest penalties under the PPA does not accrue until the government actually makes the underlying payment.  Rejecting the government’s argument that the interest claim should accrue as soon as government fails to make the underlying payment, the Board held that “the events that fix the government’s alleged liability and allow a claim for interest penalties to be asserted do not occur until the government pays the underlying invoice without paying the interest penalty due.”


Rescinded Claims Rendered Appeals Moot, Absent Evidence That Government Intends to Reassert

Posted in Legal Developments
Steve McBradyLaura Baker

In L-3 Commc’ns (Apr. 25, 2016), the ASBCA dismissed as moot the appeals of two final decisions that the contractor had argued were barred by the CDA statute of limitations when the cognizant ACOs rescinded the final decisions after the contractor had appealed.  The board held that, although the COs had not yet agreed to settle the claims or provide any assurance that the claims would not be reasserted in the future, COs are presumed to act in good faith, and, without evidence of contrary intent, there was no reason not to “trust” that the claims will not be reasserted.


Responsible Sourcing: New Tools for Contractors to Combat Human Trafficking

Posted in Legal Developments
Olivia LynchM. Yuan Zhou

Last March, government contractors’ anti-human trafficking obligations were significantly expanded under FAR Subpart 22.17, Combating Trafficking in Persons, and its associated contract clause at FAR 52.222-50. Among other requirements, the amended FAR rule broadened the definition of trafficking in persons in government contracts, instituted new contractor reporting obligations, and implemented a number of additional compliance and certification requirements for certain contractors, such as the requirement to develop an “appropriate” compliance plan when contracts for the acquisition of services or non-COTS goods outside the United States exceed $500,000.

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OOPS Preview: Cost & Accounting: Items at the Top of the Ledger

Posted in Cost/Cost Accounting, Events
Steve McBrady

The past twelve months have seen major developments on cost and pricing issues relevant to the “top of the ledger” – as well as the bottom line.  On May 26, 2016, at 11:00 am -12:00 pm, Crowell & Moring attorneys Terry Albertson, Steve McBrady, Rob Burton, and Skye Mathieson will highlight some of the most significant cost and pricing issues facing contractors in today’s marketplace, including an update on the application of the CDA statute of limitations to cost accounting disputes, the Raytheon decision and offsets among multiple simultaneous changes in cost accounting practice, as well as the following regulatory developments:

  • Growing Restrictions on Allowability of Independent Research and Development Costs
  • NDAA Provisions Affecting DCAA
    • DCAA Audit of Non-DOD Contracts Restricted
    • Required Identification of Materiality Standards Used by DCAA

Check back in the coming days for more updates as we count down to the events on May 18 (L.A.) and May 25th (in DC)! You can also check for updates on Twitter using the hashtag #cm2016oops, and at

Click here to register for OOPS on May 25-26th in Washington, DC.

Click here to register for West Coast OOPS on May 18th in Los Angeles, California.


Administration Walks Back “Economic Significance” Designation of New Rules

Posted in Labor & Employment, Legal Developments
Steve McBradyAngela B. StylesKris D. MeadeJason M. Crawford

In the latest twist to the Administration’s roll-out of the new “Fair Pay and Safe Workplaces” rules, OIRA now identifies the rules as Economically Significant (a change from several days ago, discussed here), which means that the administration will have to provide a more detailed assessment of the likely benefits and costs of the regulatory action pursuant to EO 12866.  The accompanying DoL guidance is still listed as not Economically Significant, but that may change as the administration continues to struggle with its implementation of these burdensome new compliance and reporting obligations, which have been widely criticized for being riddled with substantive, legal, and procedural flaws.