News & Analysis as of

DCMA Federal Acquisition Regulations (FAR)

American Conference Institute (ACI)

CMMC 2.0 and FOCI Assessments: Preparing for What Lies Ahead

Defense contractors and subcontractors that handle Controlled Unclassified Information (CUI) and do not have robust information-security system controls in place better get their house in order now if they want to do business...more

Wiley Rein LLP

Federal Circuit Reverses ASBCA Raytheon Decision – Costs for Lobbying Activity Outside Business Hours and M&A Planning Found...

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WHAT: The United States Court of Appeals for the Federal Circuit has reversed Appeals of Raytheon Company, ASBCA Nos. 60061 et al, 21-1 BCA 37,796 (Feb. 1, 2021), which found Raytheon’s policies for tracking potentially...more

McCarter & English Blog: Government Contracts...

Here To Remind You Of The Key Provisions Of The Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

Each year, Congress presents us in Title VIII of the National Defense Authorization Act (NDAA) a potpourri of procurement reforms, changes, and additions. Some are effective immediately, while some are bound for rulemaking...more

Bass, Berry & Sims PLC

Now You See Me, Now You Don’t: What Happens When a Bidder’s Corporate Entity Changes during a Bid?

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On September 24, the Government Accountability Office (GAO) denied DynCorp International, LLC’s (DynCorp) protest of the Department of the Army’s award of a global intelligence logistics support task order to CACI...more

Stinson - Government Contracting Matters

How Late Is Too Late to File a Claim?

The Contract Disputes Act (CDA) governs claims under FAR-based Government contracts. More than forty years after its enactment in 1978, we are apparently still not all in agreement as to when the time for filing a claim has...more

Morrison & Foerster LLP - Government...

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Issues Interim Rule Implementing CMMC Cyber Rules for all DoD Contractors

Once CMMC has been rolled out, nearly all DoD contractors will need to be assessed by a third party for the issuance of a CMMC Certificate. The Interim Rule provides for a phased rollout over five years for all contractors...more

Blank Rome LLP

Government Reliance on Waiver Argument to Keep Price Adjustment Windfall Fails

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Last week, the U.S. Court of Appeals for the Federal Circuit articulated limits to the government’s ability to rely on the waiver doctrine to enforce Federal Acquisition Regulation (“FAR”) provisions of questionable legality,...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts

Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets” Federal Circuit revives the question of whether the FAR 33.606...more

Morgan Lewis

Has COVID-19 Made You a Government Contractor? What You Need to Know About IP Rights

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As the federal government seeks innovative solutions from a broader group of suppliers to respond to the coronavirus (COVID-19) pandemic, new or nontraditional contractors will want to familiarize themselves with the...more

PilieroMazza PLLC

Weekly Update Newsletter- January 2020 #3

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PilieroMazza Wins HUBZone Small Business Resource Partner of the Year! The HUBZone Contractors National Council honored PilieroMazza with the “HUBZone Small Business Resource Partner of the Year” award at the HUBZone...more

McCarter & English Blog: Government Contracts...

Let Me Clear My Throat: DCAA Course Corrects on “Expressly Unallowable” Costs

Cough…cough…ahem…cough… Any contractor who has had the misfortune of dealing with the Defense Contract Audit Agency (DCAA) likely knows all too well that the agency is the Will Rogers of costs – it never met a cost it didn’t...more

Holland & Knight LLP

DoD IG Report: 11 of 14 IT Service Contracts Reviewed Were Not Properly Awarded

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The Department of Defense Office of the Inspector General (DoD IG) recently published a nonstatistical sample of 14 Defense Contract Management Agency (DCMA) IT service contracts, valued at $72 million. The Report presented...more

McCarter & English, LLP

Developments in DoD’s Treatment of Commercial Item Assertions

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The passage of the Federal Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996 saw the dawning of a new era in procurement policy, pursuant to which sweeping changes to the procurement laws and regulations...more

Perkins Coie

ASBCA Questions Consideration of Materiality in Certain Cost Accounting Change Cases

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The Armed Services Board of Contract Appeals (ASBCA or the Board) recently released a decision addressing the final issue of materiality in the long saga of the Raytheon accounting change case. ASBCA No. 58068, August 9,...more

PilieroMazza PLLC

PilieroMazza Legal Advisor - Fourth Quarter 2015

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More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier - Following recent proposed changes to the FAR’s small business...more

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