On January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 became law after both houses of Congress overrode President Trump’s December 23, 2020 veto of H.R. 6395. This Act contains numerous provisions that will impose new requirements, expectations, or opportunities for government contractors. Crowell & Moring’s Government Contracts Group analyzes key provisions
Section 3610 of the CARES Act Extended Until March 31, 2021
On Sunday, President Trump signed a combined COVID-Relief and Omnibus Spending Bill, The Consolidated Appropriations Act of 2021, which funds the Federal Government for FY 2021 and includes a variety of COVID-19-related relief measures. Among those measures, Section 1002 of the Act extends the reimbursement period for Section 3610 of the CARES Act, which
Contractors May Include Third-Party Restrictive Markings on Unlimited Rights Data
On December 21, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that contractors may include restrictive markings on unlimited rights technical data as long as those markings do not restrict the Government’s rights to that technical data.
The Boeing Company (Boeing) entered into two contracts with the United States Air
DoD OIG Audit Assesses Implementation of Section 3610 Relief Under CARES Act
On December 9, 2020, the Department of Defense Office of Inspector General (DoD OIG) released its Audit of Department of Defense Implementation of Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act. The audit assesses the DoD’s issuance of relief under Section 3610, which authorizes certain agencies to reimburse contractors for any
Poof There it Is: Court Invokes the Constructive Termination for Convenience Doctrine for the Government
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In JKB Solutions and Servs., LLC, the Court of Federal Claims denied the contractor’s breach claim and held that the Government constructively terminated the contract for convenience. At issue was an Army contract to provide instructors for the Army’s Operation Contract Support program. The contract required JKB to perform 14 classes per task order, |
ASBCA’s FY2020 Report – A Look at the Numbers
The Armed Services Board of Contract Appeals published its FY2020 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, CIA, NASA, DLA, DCMA, and other Defense agencies, Non-Appropriated Fund Instrumentalities, and the Washington Metropolitan Area Transit Authority. According to
Trick or Treat: DCMA Poised to Take on New Role in “Helping” to Resolve TINA Disputes
On September 30, the Office of the Undersecretary of Defense for Acquisition and Sustainment issued a memorandum titled “Delegation of Defective Pricing Authority to the Defense Contract Management Agency,” describing DCMA’s new, enhanced role in TINA audits and subsequent disputes. The memo states that DCMA has created a “Defective Pricing Pilot Team,” which
New DoD Guidance Clarifies, and Restricts, Recovery under § 3610
On August 18, 2020, the Acting Principal Director for Defense Pricing and Contracting (DPC) issued updated guidance regarding contractor and subcontractor reimbursement of paid leave costs under the CARES Act § 3610, including two key Class Deviations, both effective immediately. First, it issued Revision 1 to Class Deviation 2020-O0013, which revises and supersedes
Federal Circuit Affirms Jurisdiction Over Claim Challenging Legality of FAR Provision
On August 10, 2020, the U.S. Court of Appeals for the Federal Circuit rejected the government’s jurisdictional and waiver defenses in The Boeing Co. v. United States, and remanded the case to the U.S. Court of Federal Claims (COFC) for examination of Boeing’s substantive claim that FAR 30.606 illegally barred the Contracting Officer from
Independent Public Accountants
Partner Nicole Owren-Wiest discusses Independent Public Accountants on an episode of Baker Tilly’s Fed Talks podcast. The episode covers questions about how IPAs are utilized in the government contractor space, how contractors have reacted to the use of IPAs, and how IPAs are expected to be utilized going forward. Access the podcast below.