Government Contracts Legal Forum

Government Contracts Legal Forum

Providing Legal Insight for Government Contractors

Nicole Owren-Wiest

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Commercial License Terms May Govern Even Without Contracting Officer Knowledge

By Nicole Owren-Wiest, John E. McCarthy Jr., Jonathan M. Baker, Skye Mathieson, M. Yuan Zhou and Chris Garcia on Posted in Claims, GSA Schedule/Commercial Items
On June 27, 2018, in Appeal of CiyaSoft Corporation, the Armed Services Board of Contract Appeals held that the Government can be bound by terms of a commercial software license agreement that the contracting officer (CO) has neither negotiated nor seen.  CiyaSoft Corporation (CiyaSoft) submitted a claim asserting that the Army had breached its contract… Continue Reading

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

By Nicole Owren-Wiest, Steve McBrady, Elizabeth Buehler and Charles Baek on Posted in Cost/Cost Accounting, Legal Developments
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… Continue Reading

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

By Nicole Owren-Wiest, Elizabeth Buehler, Sharmistha Das and Charles Baek on Posted in Cost/Cost Accounting, Legal Developments
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… Continue Reading