Government Contracts Legal Forum

Fastest 5 Minutes The Podcast Gov’t Contractors Can’t Do Without

Posted in False Claims, Legal Developments, Podcast
Peter J. EyreDavid B. Robbins

This week’s episode covers debarment, defense spending, and FCA news, and is hosted by partners Peter Eyre and David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

Let’s Talk FCA: False Claims Act Trials

Posted in False Claims, Podcast
Brian Tully McLaughlinJason M. CrawfordMana Elihu Lombardo

In this episode, hosts Mana Lombardo and Jason Crawford are joined by Tully McLaughlin, co-chair of the firm’s False Claims Act Practice, to discuss some of the unique considerations for trying False Claims Act cases. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

All Things Protest: Incumbency Edition

Posted in Bid Protest, Podcast
Olivia LynchRob SneckenbergChristian Curran

Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, your hosts discuss common issues that arise in protests of procurements involving long-standing incumbent offerors and tips for both incumbent and non-incumbent offerors.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

Fastest 5 Minutes The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments, Podcast
Peter J. Eyre

This week’s episode covers SAM news, OTA news, and proposed rules, and is hosted by partner Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

The End is Near: DCAA Projects End of Incurred Cost Backlog by FY 2018

Posted in Cost/Cost Accounting, Legal Developments
Nicole Owren-WiestSteve McBradyElizabeth BuehlerCharles Baek

The Defense Contract Audit Agency (“DCAA”) recently made public its Fiscal Year 2017 Report to Congress, which, among other things, provides an update on incurred cost audits.  Specifically, the report explains that DCAA:

  • Closed “6,786 incurred cost years” using a variety of methods, namely reports and memos, but also for other reasons (e.g., per the FY 2016 NDAA, DCAA was prohibited “from providing audit support to non-DoD agencies”);
  • Sustained audit exceptions for incurred costs audits 28.6% of the time;
  • Reduced the backlog related to incurred cost audits “to an average age of 14.3 months;” and
  • Is “on track to eliminate the backlog by the close of FY 2018” as it now has “under 3,000 incurred cost years in [such] backlog….”
  • “[W]ill be current on incurred cost based on a two-year inventory of audits” by FY 2018 and “will move to one year of inventory as required” in the FY 2018 NDAA.

Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Legal Developments, Podcast
Peter J. EyreDavid B. Robbins

This week’s episode covers Supreme Court, NDAA, and ‘Fat Leonard’ news, and is hosted by partners David Robbins and Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

Just When You Thought It Was Over: Eleventh Circuit Deepens Disagreement on FCA’s Tolling Provision

Posted in False Claims, Legal Developments
Brian Tully McLaughlinNkechi KanuSarah Hill

Recently, in United States ex rel. Hunt v. Cochise Consultancy Inc., the Eleventh Circuit widened a split in authority regarding the applicability of the tolling provision of the False Claims Act’s statute of limitations, holding that it is applicable to qui tam actions even when the government declines to intervene.  The court also found that the period is triggered by a government official’s knowledge of the fraud. 887 F.3d 1081 (11th Cir. 2018).  In so holding, the Eleventh Circuit disagreed with the Fourth, Ninth, and Tenth Circuits’ interpretation of the statutory language and arguably extended the filing period for relators within its jurisdiction.

Continue Reading

Let’s Talk FCA: Health Care Fraud

Posted in False Claims, Legal Developments, Podcast
William ChangJason M. CrawfordMana Elihu Lombardo

“Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act. In this episode, hosts Mana Lombardo and Jason Crawford interview Will Chang, a partner in the firm’s Health Care and White Collar & Regulatory Enforcement groups and a former trial attorney at the DOJ Criminal Division, Fraud Section, on health care fraud and FCA issues.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

All Things Protest: Classified Edition

Posted in Bid Protest, Legal Developments, Podcast
Rob SneckenbergOlivia LynchMark Ries

Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, host Rob Sneckenberg interviews Senior Counsel Mark Ries about the nuanced procedural and substantive considerations for protests involving classified information. Mark is a retired Army JAG with extensive experience litigating all manner of protests and claims, including those in the classified arena.

You can find the materials discussed in this episode here.

ListenCrowell.com | PodBean | SoundCloud | iTunes 

Hidden in Plain Sight: Where, Oh Where, Have the Compensation Caps Gone?

Posted in Cost/Cost Accounting, Legal Developments
Nicole Owren-WiestElizabeth BuehlerSharmistha DasCharles Baek

Contractors looking for updates to the statutory allowable cost limits on employee compensation may be looking in the wrong place.  But what was once lost can easily be found, at least for the moment, by simply navigating to a different website.

The Cost Principles and the Compensation Cap

FAR 31.205-6(p)(4) governs the allowable compensation of contractor and subcontractor employees.  It promulgates section 702 of the Bipartisan Budget Act of 2013 (“BBA”), which set an initial limit on allowable contractor and subcontractor employee compensation costs at $487,000 per year.  “Compensation” is defined broadly to include the total amount of wages, salary, bonuses, deferred compensation, and employer contributions to defined contribution pension plans.  According to the BBA, the cap is to be adjusted annually based on the Employment Cost Index calculated by the Bureau of Labor Statistics.  The BBA repealed the prior existing formula for determining the relevant compensation cap under 41 U.S.C. § 1127 and applies to contracts awarded on or after June 24, 2014.  It also provided agencies with the authority to establish “one or more narrowly targeted exceptions” for certain specialists.

Continue Reading