By Crowell & Moring on Posted in Bid Protest,Claims,Cost/Cost Accounting,Cybersecurity,Suspension & DebarmentCrowell & Moring is hosting Government Contracts 101 in our Washington, D.C., office on Thursday, October 26, 2017. This all-day event will last from 8:30 a.m. to 6:30 p.m. at 1001 Pennsylvania Ave, N.W., and provide an overview of the full scope of issues that government contractors face on a daily basis. We will cover FAR,… Continue Reading
By Steve McBrady and Daniel Wierzba on Posted in Claims,Cost/Cost AccountingContractors that use a fiscal year ending 12/31 submit their annual cost submissions in June of the following year. For 2010 incurred cost submissions (ICS) submitted in June 2011, many contractors may receive affirmative claims from the Government seeking to disallow some or all of those incurred costs, because the Government has a 6-year statute… Continue Reading
By Steve McBrady, Skye Mathieson, Laura Baker and Charles Baek on Posted in Claims,WebinarOn June 14, we presented a webinar titled “Frequently Asked Questions About Requests for Equitable Adjustment and Contract Disputes Act Claims.” The webinar featured some of the most common questions we encounter in the field regarding CDA claims and REAs, as well as a discussion of procedural, substantive, and business considerations that go into the decision… Continue Reading
By Steve McBrady, Skye Mathieson, Charles Baek and Laura Baker on Posted in Claims,EventsJoin us for a webinar titled “Government Contracts Recovery: ‘Frequently Asked Questions’ About Requests for Equitable Adjustments and CDA Claims.” During the 60-minute webinar, a team of claims professionals from C&M’s Government Contractor Recovery Practice will address some FAQs that arise in the context of contractor claims / REAs, and solicit audience questions, as we… Continue Reading
By Steve McBrady, Christopher Flynn, A. Xavier Baker, Joseph Miller, Sharmistha Das and Daniel W. Wolff on Posted in ClaimsIn a recent decision, the Court of Federal Claims rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act. In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court held that “HHS is required to make… Continue Reading
By Steve McBrady, Skye Mathieson, Charles Baek and Laura Baker on Posted in ClaimsABS Development Corp. (ASBCA Nov. 17, 2016) highlights the importance of providing a fully-compliant certification for CDA claims over $100,000—which includes, according to the Board, the requirement for contractors to provide an identifiable and verifiable handwritten signature or digital e-signature. As the contractor in ABS discovered, the Board considers “typewritten” signatures, regardless of font, to… Continue Reading
By Steve McBrady, Skye Mathieson and Charles Baek on Posted in Claims,Cost/Cost AccountingIn AeroVironment, Inc. (Mar. 30, 2016), following an apparent settlement of the government’s cost disallowance claim, the ASBCA denied the government’s request to amend its answer (in order to “clarify” entitlement to additional quantum) because the proposed amendments constituted new “claims” that required new final decisions. Acknowledging that parties may ordinarily revise quantum without running… Continue Reading
By Steve McBrady, J. Chris Haile, Brian Tully McLaughlin and Skye Mathieson on Posted in ClaimsOn Thursday, November 19, Crowell & Moring attorneys will discuss using contractor claims as a recovery mechanism under U.S. Government contracts on WFED radio. Listen in at 12:30 pm EST as these practitioners discuss how contractors can use claims as part of an overall strategy to ensure that both parties comply with contract terms and… Continue Reading
By Steve McBrady on Posted in ClaimsOn October 20, the Armed Services Board of Contract Appeals published its FY 2015 Report of Transactions and Proceedings. The report provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, other Defense agencies, CIA, NASA, and the Washington Metropolitan Area Transit Authority. This year’s… Continue Reading
By Steve McBrady and Skye Mathieson on Posted in ClaimsIn Appeals of LRV Environmental, Inc., the ASBCA considered the issue of whether or not the Government’s “reconsideration” of a contracting officer’s final decision acts to re-set the 90-day clock for jurisdictional purposes under the CDA. In LRV, the CO issued a final decision, and subsequently reconsidered a portion of that decision, leading the Board… Continue Reading
By Steve McBrady, Skye Mathieson and Jason M. Crawford on Posted in ClaimsOn April 8, Crowell & Moring lawyers will present “The World of Sponsored Claims – Being Caught in the Middle,” at a forum hosted by the Association of Corporate Counsel of the National Capital Region. This forum will be of interest to prime contractors and subcontractors alike, and will focus on some of the key considerations… Continue Reading
By Mary Kate Healy and Steve McBrady on Posted in ClaimsOn February 12, 2015, the Federal Circuit issued an opinion in K-CON Building Systems, Inc. v. United States, addressing jurisdiction over contractor claims under the Contract Disputes Act (“CDA”). Specifically, K-CON Building Systems explores the implications of claim identification, and whether a contractor can add a new claim to a pending matter when the new… Continue Reading
By Steve McBrady and Skye Mathieson on Posted in ClaimsAs we discussed during Crowell & Moring’s webinar last week Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2015, the CDA’s six-year statute of limitations has been a hot topic for both contractor and Government claims over the past several years. Until recently, the case law at the Federal Circuit, the Boards,… Continue Reading
By Steve McBrady and Skye Mathieson on Posted in ClaimsAs we discussed during Crowell & Moring’s webinar last week Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2015, the recent ASBCA decision in Laguna Construction is likely to reverberate in 2015 and beyond. This case introduced the doctrine of “antecedent breach” in the ASBCA as a means of denying legitimate contractor… Continue Reading
By Steve McBrady on Posted in ClaimsSeveral recent Board decisions have turned on issues that serve as a reminder to contracting parties that a critical element of litigating CDA claims is adherence to statutory requirements and the Board’s rules. In Appeal of WorleyParsons, the ASBCA dismissed the government’s claim for alleged CAS violations as a nullity under the CDA, for two… Continue Reading
By Crowell & Moring on Posted in ClaimsOn June 17, 2010, the Federal Circuit majority ruled in M. Maropakis Carpentry, Inc. v. U.S. that it had no jurisdiction over the contractor’s defense, based on excusable delay, to the Navy’s liquidated damages claim for late completion, because the contractor had not filed a fully compliant “claim” under the Contract Disputes Act “CDA” (41… Continue Reading
