Government Contracts Legal Forum

Skye Mathieson

Skye Mathieson

Skye Mathieson is an associate in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. He works with and advises clients from diverse industries on a wide array of matters, including bid protests, contract performance claims/disputes, and internal investigations and audits. Prior to joining Crowell & Moring, Skye spent several years as a trial attorney at the procurement litigation division of the Air Force Headquarters for Legal Operations.

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Government Contracts Recovery Webinar

Posted in Claims, Webinar
On 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

Join Crowell & Moring for our Webinar “Government Contracts Recovery: ‘Frequently Asked Questions’ About Requests for Equitable Adjustments and CDA Claims”

Posted in Claims, Events
Join 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

Annual Report Shines a Light on Success of Alternative Dispute Resolution at the ASBCA

Posted in Legal Developments
The Armed Services Board of Contract Appeals published its FY16 Report of Transactions and Proceedings, which provides statistics regarding the adjudication of appeals between contractors and the Army, Navy, Air Force, Corps of Engineers, DLA, DCMA, CIA, NASA, other Defense agencies, and the Washington Metropolitan Area Transit Authority. This year’s report once again reflects the… Continue Reading

ASBCA Dismisses Army’s $100 Million Cost Disallowance for Failure to State a Plausible Claim

Posted in Cost/Cost Accounting
In Lockheed Martin Integrated Systems, Inc. (ASBCA Dec. 20, 2016), a case involving a $100 million breach of contract claim stemming from purportedly unallowable direct subcontractor costs, the Board granted Lockheed Martin’s motion to dismiss the Army’s untenable claim “for failure to state a claim on which relief could be granted,” concluding that the government… Continue Reading

The Pen is Mightier: Typewritten Signature Invalidates CDA Claim

Posted in Claims
ABS 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

No Money, No Problem: Court Finds Certification Merely Defective on Pass-Through Claim, and Dings Severin Argument

Posted in Legal Developments
In M.K. Ferguson Co. v. U.S. (Apr. 14, 2016), a case involving a pass-through claim compelled by the prime’s bankruptcy judge, the CFC denied the government’s motion to dismiss and held that the prime’s initial pass-through certification – which stated only that the prime was “authorized to certify the claim” – was not a “failure… Continue Reading

No Double-Dipping: Board Lacks Jurisdiction Over New Theories Asserted in Government’s Amended Answer

Posted in Claims, Cost/Cost Accounting
In 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

Proposed Rule Would Nix Allowability of Congressional Investigation Costs

Posted in Cost/Cost Accounting
On February 17, the Federal Register published a proposed rule that would amend the FAR to implement section 857 of the National Defense Authorization Act, making unallowable any “costs incurred by a contractor in connection with a Congressional investigation or inquiry into an issue that is the subject of a proceeding resulting in a disposition… Continue Reading

New Guidance Allows Limited Role for DCAA Audit of Non-DOD Contracts

Posted in Cost/Cost Accounting
The 2016 National Defense Authorization Act prohibits the Defense Contract Audit Agency from providing “audit support” to any non-DOD agency until the Secretary of Defense certifies that DCAA has reduced its backlog of incurred cost audits to 18 months or less, a restriction that could cause some disruption for contractors when DOD contracts are not… Continue Reading

For Whom Does the Appeal Clock Toll? Vitiation vs. Finality

Posted in Legal Developments
In Guardian Angels Med. Serv. Dogs Inc. v. U.S. (Jan. 8, 2016), the Federal Circuit held that a CO’s request to evaluate additional information after a default termination “vitiated the finality” of the termination and reset the 12-month appeal clock, even though the CO neither received new information nor spent any time reconsidering her decision.… Continue Reading

Claims Recovery Under Government Contracts

Posted in Claims
On 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

IG Report Whacks DCMA’s Oversight of Contractors’ Business Systems

Posted in Cost/Cost Accounting
On October 1, the DoD IG released a report titled “Evaluation of Defense Contract Management Agency Actions on Reported DoD Contractor Business System Deficiencies,” asserting that DCMA contracting officers “repeatedly” failed to comply with DFARS requirements involving reported business system deficiencies.  The report, which is similar to a report issued on June 29, 2015 regarding DCMA’s… Continue Reading

Claims Practice Bulletin: Board Sides With Contractor on CDA Jurisdictional Issue

Posted in Claims
In 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

Bad News for Contractors: ASBCA Decision Bars Offsets of Simultaneous Accounting Changes Under FAR 30.606

Posted in Cost/Cost Accounting
In Raytheon Co., ASBCA Nos. 57801 et al. (May 7, 2015), the Board held that under FAR 30.606 contractors may not offset cost impacts from simultaneous accounting changes within the same business segment, which if not reversed on appeal will cause major disruptions when contractors make multiple changes in cost accounting practices made after 2005 (the date of the FAR change),… Continue Reading

C&M Joins Forces With the Litigation and Government Contracts Forums at ACC National Capital Region for April Forum on Sponsored Claims

Posted in Claims
On 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

DCAA Issues (Mis)Guidance on Expressly Unallowable Costs

Posted in Cost/Cost Accounting
On January 7, 2015, DCAA issued guidance to auditors for determining whether certain costs are “expressly unallowable” – and therefore subject to penalties – even when the regulations “do not state in direct terms that the cost is unallowable.” This guidance, which is intended to “enhance” the equally troubling December 18 guidance to similar effect,… Continue Reading

Claims Practice Bulletin: What the Newly Interpreted “Non-Jurisdictional” CDA Statute of Limitations Means for Contractors

Posted in Claims
As 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

Claims Practice Bulletin: Performance Fraud, Imputed Liability, and Antecedent Breach

Posted in Claims
As 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