News & Analysis as of

Reimbursements Federal Contractors

Fox Rothschild LLP

ASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related Costs

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The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order. ASBCA No....more

Schwabe, Williamson & Wyatt PC

Supreme Court FCA Decision and NLRB GC Memo on Non-Competes

Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and...more

WilmerHale

High Court Hears Important Case on False Claims Act’s Scienter

WilmerHale on

On April 18, the Supreme Court heard oral argument and what has been billed as the most important False Claims Act (FCA) case in a decade. Since the FCA was enacted in the Civil War era, it has been the primary tool for the...more

Cozen O'Connor

Federal Contractors May Be Blindsided by the Reach of State Sales and/or Use Taxes

Cozen O'Connor on

Traditionally, many federal contracts contain tax exemption provisions relating to state sales and use taxes being charged against the purchase and inclusion of materials and equipment to be incorporated into federal...more

McCarter & English Blog: Government Contracts...

Knowing IS the Battle: Supreme Court to Address the FCA’s Scienter Standard

Scenario 1: A pharmacy chain hires a value consultant to review its Medicare and Medicaid billing practices for ways to optimize the coding of drug reimbursements to maximize profits. Drugs that had historically been charged...more

Lewis Roca

Federal Circuit Clarifies When Claims Accrue Under the Contract Disputes Act

Lewis Roca on

The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more

Vinson & Elkins LLP

Costs Of A Pandemic: Lessons For COVID-19 From A Case On Epidemic-Related Costs

Vinson & Elkins LLP on

Update: This article has been updated to reflect the Federal Circuit’s affirmation of the CBCA’s Pernix Serka decision and additional developments in the Government’s ongoing COVID-19 response...more

Woods Rogers

GAO Sustains Protest for Agency’s Improper Cost Adjustment

Woods Rogers on

The Government Accountability Office (“GAO”) recently sustained a protest in the matter of Vectrus Mission Solutions Corporation; Vanquish Worldwide, LLC where an agency improperly adjusted an offeror’s proposal price upward...more

Snell & Wilmer

Healthcare and Government Contractors Beware: False Claims Act’s “Objective Falsity” Requirement Dispute Between Circuits Persists...

Snell & Wilmer on

Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more

Stinson - Government Contracting Matters

Contractors Should Not Leave Money on the Table: The Federal Circuit Clears the Way for Boeing to Use the Tucker Act to Sue DoD...

In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing...more

Davis Wright Tremaine LLP

ASBCA Provides Limits on Application of Severin Doctrine

In JAAAT Technical Services, LLC, the Armed Services Board of Contract Appeals (ASBCA) addressed the breadth of application of the Severin doctrine, which restricts a prime contractor's ability to file claims on behalf of a...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Extends Section 3610 Reimbursement Period

Congress passed a continuing resolution that extends the authorization for agencies to reimburse contractors under Section 3610 of the CARES Act until December 11, 2020. Unless agency-specific guidance states otherwise,...more

Wiley Rein LLP

Breaking: Section 3610 Extended Until December 11, 2020

Wiley Rein LLP on

WHAT: Congress voted to extend Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which authorizes (but does not require) agencies to reimburse contractors for the cost of paid leave incurred...more

Blank Rome LLP

An Early Holiday Present? CARES Act Section 3610 Extension through Dec. 11th Included in House Version of Continuing Resolution

Blank Rome LLP on

A top-of-mind issue for contractors right now is whether Section 3610 of the CARES Act will expire on September 30, as it is currently set to do. Section 3610 authorizes reimbursement of certain contractors who are unable to...more

Obermayer Rebmann Maxwell & Hippel LLP

DOD Deviation Provides Updated Guidance on CARES Act REAs for COVID-Related Paid Leave

Back in April, we blogged about the Department of Defense’s (DOD) initial guidance on the implementation of Section 3610 of the CARES Act. You may remember that Section 3610 allows government contractors to obtain...more

McCarter & English Blog: Government Contracts...

DoD Issues Draft Guidance For Contractor Reimbursement Under Section 3610 Of The CARES Act

Recently, the Defense Pricing and Contracting (“DPC”) unit under the Secretary of Defense issued draft implementation guidance for Department of Defense (“DoD”) contracting officers tasked with assessing contractor requests...more

Smith Anderson

Federal Contractors May Seek Reimbursement for Paid Leave Under Section 3610 of the CARES Act

Smith Anderson on

The coronavirus (COVID-19) epidemic has caused hardship to many employers and employees and is likely to continue to do so in the near future. In response, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES...more

Miller Canfield

CARES Act Authorizes Reimbursement for Department of Defense Contractors’ Paid Leave Expenses

Miller Canfield on

Section 3610 (“Federal Contractor Authority”) of the CARES Act, signed into law on March 27, 2020, provides U.S. contracting agencies with discretion to modify the terms and conditions of government contracts to allow for...more

Obermayer Rebmann Maxwell & Hippel LLP

DOD Issues Guidance on the Implementation of Section 3610 of the CARES Act

A few weeks ago we reported on Section 3610 of the CARES Act, which authorizes contracting officers to reimburse contractors for sick or other paid leave that was paid to retain workers during the COVID-19 pandemic. Since...more

Sheppard Mullin Richter & Hampton LLP

DoD Issues Class Deviation to Address Contractor Reimbursement for Paid Leave Required to Maintain a Mission-Ready Workforce...

To further assist the contractor community with the effects of the unprecedented Coronavirus Disease 2019 (COVID-19), the U.S. Department of Defense (DoD) issued on April 8, 2020 a Class Deviation authorizing contracting...more

Miles & Stockbridge P.C.

DOD Issues Much-Needed Information Addressing Implementation of Section 3610 of the CARES Act

Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, provides the possibility of welcome financial relief for many federal contractors struggling to stay afloat during the...more

Bass, Berry & Sims PLC

Possible Federal Contractor Reimbursement for Keeping Employees in a “Ready State” During the COVID-19 Shutdown

Bass, Berry & Sims PLC on

On March 25, 2020, the Senate passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act, (CARES Act), by a vote of 96 to 0. This rescue package will now be considered by the House, which, according to the...more

Stinson - Government Contracting Matters

How Soon Is Soon Enough for Corrective Action to Preclude Recovery of Protest Costs?

Contractors whose protests result in the challenged agency’s taking corrective action may attempt to recover their protest costs, particularly when they feel that the corrective action was unduly delayed....more

Health Care Compliance Association (HCCA)

Report on Research Compliance Volume 17, Number 3. In This Month's E-News: March 2020

Report on Research Compliance 17, no. 3 (February 20, 2020) - Despite its earlier agreement to repay just $5,442 in costs questioned by the National Science Foundation (NSF) Office of Inspector General, the University of...more

Harris Beach PLLC

Department of Defense Unifies Compliance Standards, May Reimburse Contractors for Costs

Harris Beach PLLC on

The Department of Defense (DoD) will establish uniform cybersecurity compliance standards for its defense contractors; and may permit contractors to treat as allowable, and therefore reimbursable, the costs of bringing their...more

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