This week’s episode covers common questions about the end of the federal government shutdown and steps contractors should consider, and is hosted by Peter Eyre and Skye Mathieson. 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
A Greater Sum of Certainty: ASBCA Weighs in on when Sum Certain Defense Is Not Waived
A recent Armed Services Board of Contract Appeals decision provides useful guidance on when the government may (or may not) waive its defense that a contractor’s claim failed to state a sum certain. In GE Renewables US, LLC, the contractor had submitted a claim to the contracting officer for a determination that the contractor had the right to an economic price adjustment (EPA) due to an inflation-related price increase. Notably, the contractor did not provide the value of its requested adjustment in its claim. The contracting officer denied the claim, and the contractor appealed to the Board.Continue Reading A Greater Sum of Certainty: ASBCA Weighs in on when Sum Certain Defense Is Not Waived
All Together Now: “Many Ways to Calculate Fee After a T4C”
A recent decision by the Armed Services Board of Contract Appeals (ASBCA) reinforces the FAR part 49 provisions governing terminations for convenience, which provide that contractors are entitled to fair compensation and that settlements for such terminations should not rigidly rely on cost and accounting data. In D-STAR Eng’g Corp., ASBCA Nos. 62075, 62780 (Apr. 28, 2025), the government had terminated the contractor’s cost-plus-fixed-fee research and development contract for convenience. Following the contractor’s submission of its termination settlement proposal (TSP), the government questioned certain costs claimed, disputed the fee owed to the contractor, determined it had overpaid the contractor, and issued a debt demand claim for disallowed costs. The contractor then submitted its own, affirmative claim incorporating its TSP and seeking additional costs and interest. The most interesting portion of the ASBCA’s decision is its discussion of the methods available to the parties to calculate the amount of fee to which the contractor was entitled following the termination for convenience, which we describe below. However, the ASBCA also addressed the allowability and allocability of various cost types that may be of interest, including termination settlement costs, direct labor, engineering overhead, and G&A.Continue Reading All Together Now: “Many Ways to Calculate Fee After a T4C”
Job Corps Centers: Widespread Contract Terminations due to Agency’s “Pause”
On May 29, 2025, the Department of Labor (DOL) announced that it will begin a “phased pause in operations at contractor-operated Job Corps centers nationwide.” The pause is anticipated to occur within a month—by June 30, 2025. To effectuate this pause, DOL has suspended operations at approximately one hundred contractor-operated Job Corps centers. DOL instructed centers to suspend program activities, transition students home, and implement other transition plans. According to DOL’s Frequently Asked Questions, the Department anticipates that students will transition to “state and local workforce partners” including American Job Centers and the Labor Exchange system in their home state.Continue Reading Job Corps Centers: Widespread Contract Terminations due to Agency’s “Pause”
Fastest 5 Minutes: Answering Common Questions from Contractors
This week’s episode features a discussion of several common government contractor questions involving payment delays, cost increases due to tariffs, and inability to obtain certain government approvals. This episode is hosted by Peter Eyre and Skye Mathieson. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government
What U.S. Government Contractors and Grant Recipients Need To Know About Terminations, Stop Work Orders, Tariffs, and the Path Forward in 2025
On February 6, 2025, Crowell & Moring presented a webinar, “The New Normal: What U.S. Government Contractors and Grant Recipients Need to Know About Terminations, Stop Work Orders, Tariffs, and the Path Forward in 2025.” In this webinar (available here), Crowell & Moring lawyers specializing in U.S. government contracts and grants addressed:Continue Reading What U.S. Government Contractors and Grant Recipients Need To Know About Terminations, Stop Work Orders, Tariffs, and the Path Forward in 2025
COFC Holds That Federal PLA Mandate Is Unlawful; Reinterprets Blue and Gold Waiver Rule
In MVL USA, Inc. et al. v. United States, the United States Court of Federal Claims (“COFC”) held that the provisions of FAR 22.505, 52.222-33 and 52.222-34 (collectively, the “PLA mandate”), which required the use of project labor agreements (“PLAs”) on large-scale federal construction projects valued above or at a certain threshold, violated the Competition in Contracting Act (“CICA”). As we previously reported here, former-President Biden issued Executive Order 14063 in February 2022, instructing federal agencies to require construction contractors and subcontractors on projects valued at $35 million or more to “agree, for that project, to negotiate or become a party to” a PLA. A few months later, the FAR Council promulgated a final rule implementing the executive order in FAR 22.505, 52.222-33 and 52.222-34. Continue Reading COFC Holds That Federal PLA Mandate Is Unlawful; Reinterprets Blue and Gold Waiver Rule
Congress Has Spoken: DoD Unilateral Definitizations are Appealable Government Claims
In a big change for defense contractors, Congress has amended 10 U.S.C. § 3372 to make clear that a Department of Defense (DoD) contracting officer’s unilateral definitization of an undefinitized contract action is directly appealable to the Armed Services Board of Contract Appeals (ASBCA) or the Court of Federal Claims. Congress’s change (made under Section 803 of the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025) (we report on the FY 2025 NDAA here) is contrary to recent ASBCA and Federal Circuit decisions.Continue Reading Congress Has Spoken: DoD Unilateral Definitizations are Appealable Government Claims
CBCA’s FY 2024 Report – Examining the Numbers
The Civilian Board of Contract Appeals (CBCA or Board) recently published its Annual Report for FY 2024, providing statistics regarding the adjudication of appeals between contractors and civilian agencies. This year, the civilian agencies with the highest number of docketed claims at the Board were the Department of Veterans Affairs, the General Services Administration, the Department of State, the Department of Homeland Security, and the Department of Agriculture. These agencies accounted for 126, or 76%, of the 165 Contract Disputes Act (CDA) appeals docketed at the Board. Continue Reading CBCA’s FY 2024 Report – Examining the Numbers
Back to the Future: CBCA to Implement New Electronic Docketing System
On December 17, 2024, the Civilian Board of Contract Appeals (Board) announced its plan to launch a new Electronic Docketing System (EDS). Once implemented, the Board will require use of the new EDS for most submissions.
For individuals already registered with the Government Accountability Office’s Electronic Protest Docketing System (EPDS), the EDS interface