By Nicole Owren-Wiest, Steve McBrady, Elizabeth Buehler and Charles Baek on Posted in Cost/Cost Accounting,Legal DevelopmentsThe 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
By Peter J. Eyre and David B. Robbins on Posted in Legal Developments,PodcastThis week’s episode covers Supreme Court, NDAA, and ‘Fat Leonard’ news, and is hosted by partners David Robbins and Peter Eyre. 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 lawyer or executive should be without. Listen: Crowell.com… Continue Reading
By David B. Robbins and Peter J. Eyre on Posted in Ethics & ComplianceThere is a substantial amount of confusion and concern about Section 1045 of the 2018 National Defense Authorization Act (NDAA), entitled “Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the Department following separation from military service or employment with the Department.” … Continue Reading
By Peter J. Eyre and David B. Robbins on Posted in Legal Developments,PodcastCrowell & 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 lawyer or executive should be without. This latest edition is hosted by partners Peter Eyre and David Robbins and includes updates on NDAA FY 2018 provisions, GAO rulings,… Continue Reading
By David B. Robbins and Peter J. Eyre on Posted in Legal Developments,PodcastCrowell & 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 lawyer or executive should be without. This latest edition is hosted by partners David Robbins and Peter Eyre and includes updates on Buy American Act guidance, the NDAA… Continue Reading
By Elizabeth Buehler on Posted in Cost/Cost Accounting,Legal DevelopmentsDuring the past year, we have continued to see developments on cost and pricing issues, particularly with respect to the 2017 National Defense Authorization Act (“NDAA”). On May 5, 2017 from 11:00 am – 12:00 pm, Crowell & Moring attorneys Terry Albertson, David Bodenheimer, Chris Haile, Steve McBrady and Liz Buehler will highlight some of the… Continue Reading
By Olivia Lynch and Amy Laderberg O'Sullivan on Posted in Small BusinessThe Small Business Administration’s (SBA) final rule, Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments, implements changes regarding small business subcontracting plans contained in the National Defense Authorization Act of 2013 (FY2013 NDAA). We discuss the key changes below. This rule becomes effective June 30, 2016, but as some of the… Continue Reading
By Steve McBrady on Posted in Cost/Cost Accounting,EventsThe past twelve months have seen major developments on cost and pricing issues relevant to the “top of the ledger” – as well as the bottom line. On May 26, 2016, at 11:00 am -12:00 pm, Crowell & Moring attorneys Terry Albertson, Steve McBrady, Rob Burton, and Skye Mathieson will highlight some of the most… Continue Reading
By Peter J. Eyre, James G. Peyster and Rob Sneckenberg on Posted in Ethics & ComplianceThe Department of Defense (DoD) Office of Inspector General (IG) recently released a July 6, 2015 Memorandum announcing that it will “immediately” begin the field work for its assessment of DoD compliance with Section 847 of the 2008 National Defense Authorization Act (NDAA), “Requirements for Senior Defense Officials Seeking Employment with Defense Contractors.” Section 847… Continue Reading
By Tiffany Wynn on Posted in Procurement FraudOn May 16, 2013, the Department of Defense (“DoD”) published long awaited proposed regulations regarding efforts contractors must take to prevent the entry of counterfeit electronics into the DoD supply chain. As previously discussed on this blog, Section 818 of the National Defense Authorization Act for FY2012 required DoD to revise its acquisition regulations to… Continue Reading
By Grant J. Book on Posted in Legal DevelopmentsOn April 26, 2013, the Under Secretary of Defense for Acquisition, Technology, and Logistics issued Department of Defense (“DoD”) Instruction No. 4140.67 to further establish policy to prevent counterfeit materiel at any level of the DoD supply chain. As we have previously blogged about, Section 818 of the National Defense Authorization Act of 2012 required… Continue Reading
By Jason C. Lynch and Peter J. Eyre on Posted in False ClaimsAt 2:00 p.m. EST on February 27, 2013, Crowell & Moring Attorneys Peter Eyre, Andy Liu, Rebecca Springer, and Jason Lynch will conduct a webinar on the implications of the FY2013 NDAA’s new whistleblower protections for government contractors. The webinar will offer analysis of the expanded protections, define and discuss “retaliation” as defined under the… Continue Reading
By Grant J. Book on Posted in In-SourcingDevelopments continue surrounding the issue of in-sourcing. Turning first to the developments at the Court of Federal Claims, Judge Horn, recently dismissed an in-sourcing claim after finding that Plaintiff was not an interested party. Triad Logistics Servs. Corp. v. United States, No. 11-43C (Crt. Fed. Cl. Apr. 16, 2011). The Court held that while it has subject… Continue Reading
By Crowell & Moring on Posted in Legal DevelopmentsOn May 21, the Senate Committee on Armed Services published a troubling report on the results of its year-long inquiry into counterfeit electronic parts in the DoD supply chain. The report found approximately 1,800 cases of suspect counterfeit electronic parts in the defense supply chain during 2009 and 2010 involving over one million individual parts. Over 70… Continue Reading
By Crowell & Moring on Posted in Suspension & DebarmentSection 1683 of the 2013 National Defense Authorization Act, H.R. 4310, as approved last week by the House Committee on Armed Services, proposes an amendment to the Small Business Act to clarify that misrepresentation as to small business status in order to obtain certain prime contracts or subcontracts is an independent basis for suspension or… Continue Reading
By James G. Peyster on Posted in Bid ProtestCORRECTION (5/15/12): A prior version of this blog post first posted on May 11, 2012, analyzed the proposed amendment to the Tucker Act discussed herein under the mistaken impression that it had been part of the committee mark version of the 2013 National Defense Authorization Act. We have since learned that the proposed amendment to the… Continue Reading
