Insights

Washington – February 22, 2019: Crowell & Moring LLP is pleased to announce that its Government Contracts Group has been recognized as one of Law360’s “Practice Groups of the Year” for government contracts. This is the ninth consecutive year that the group has earned this honor.

Washington, D.C. – January 9, 2015: Crowell & Moring LLP is pleased to announce that its Government Contracts Group has been named to Law360's "Practice Groups of the Year" listing for Government Contracts for the fifth straight year. For this listing, Law360 recognizes "firms that came through for their clients in 2014, sealing the big deals and winning the high-stakes suits."

In Lockheed Martin Aeronautics Company, ASBCA No. 62209 (a C&M case), the Armed Services Board of Contract Appeals (Board) awarded $131,888,860 in damages plus applicable interest in connection with Lockheed Martin’s claim for the cumulative disruptive impacts it experienced in performing over and above work on the C-5 Reliability Enhancement and Re-Engining Program.  The underlying contract related to the modernization of a fleet of C-5 Galaxy Aircraft, which is the largest U.S. military transport plane and has provided heavy intercontinental strategic airlift capabilities since the 1970s.  The Board sustained the appeal after finding that Lockheed Martin had met its burden of proof on entitlement and quantum, using the measured-mile methodology, which compares an affected period of performance with an unaffected period.  This case is a prime example of marshalling fact and expert witness testimony, and documentary evidence, to demonstrate the impacts of cumulative disruption on performance to justify causation and damages.

On April 22, 2024, the Office of Management and Budget (OMB) issued a Final Rule significantly revising the Uniform Guidance for grants, cooperative agreements, and other federal financial assistance.  The Final Rule (titled “OMB Guidance for Federal Financial Assistance”), and OMB’s accompanying memorandum to agencies and reference guide, state that the revisions aim to streamline and clarify the grant rules and improve management, transparency, and oversight of federal financial assistance.  Agencies must implement the Final Rule by October 1, 2024; however, agencies may apply it to federal awards as early as June 21, 2024.

In JE Dunn Construction Company, ASBCA No. 63183, the Armed Services Board of Contract Appeals (“ASBCA”) issued its first published decision applying the Federal Circuit’s recent holding that the FAR sum-certain requirement for Contract Disputes Act claims is not jurisdictional. The Board held that, because the government did not raise the issue until after a hearing on the merits, the government forfeited its right to challenge the contractor’s satisfaction of the sum-certain requirement.

The new Department of Defense regulations addressing counterfeit electronic parts in the supply chain will have immediate and broad-reaching effects. Under the rule, industry must move rapidly to implement systems for the detection, avoidance, and reporting of counterfeit electronic parts, but must do so with little agency guidance. And it is not just large prime contractors who will be affected. Flowdown rules will impose these requirements on subcontractors at every tier – even those providing commercial items. 

Government spending cuts will mean cuts to your bottom line.  In this time of budget sequestration and programmatic uncertainties, it is more important than ever for contractors to quickly recognize and effectively respond to potentially costly contract changes. Join us for a practical discussion as we guide participants through several types of constructive changes, addressing the critical role for front-line personnel in recognizing changes, methods to ensure notice requirements are met, maintenance of proper documentation, and the use of cross-disciplinary teams to ensure impacts are evaluated correctly.  We will examine the preparation of contract claims and requests for equitable adjustment, as well as techniques to preserve agency relationships while still protecting the company from unjust losses.

Before the new administration can settle in, the National Defense Authorization Act (NDAA) of 2017 has initiated numerous acquisition policy changes likely to have a significant effect on every industry doing business with the Department of Defense (DoD). Congress’ stated intention is to promote innovation and efficiency through various incentives, pilot programs, and mechanisms to access nontraditional commercial sources. Among the more significant changes are the creation of a new Cost Accounting Standards Board specifically for DoD, new commercial item and COTS provisions, and modification to certain bid protest authority before the Government Accountability Office (GAO).

Please click here for a copy of the presentation. Will it be more of the same for government contractors in 2016 -- increased oversight, intense competition, new regulations, and consolidation? Join the Crowell & Moring team on Thursday, January 14 at 1:00 pm Eastern to find out. Our attorneys will discuss likely trends for the coming year on a variety of topics including cost, commercial items, update on Executive Orders, investigations, compliance, suspension/debarment, GSA and VA schedules, mergers & acquisitions, small business, procurement fraud and so much more.

Tight budgets, increased oversight, new executive orders, complex regulatory environment, and intense competition remain atop the list of issues facing government contractors. Should you expect anything different in 2015? On Wednesday, January 7 at 1:00 pm Eastern, our Crowell & Moring team will discuss predictions for the coming year. Topics will include likely trends and issues in costs, disputes, cybersecurity, balance of power between Congress and the Executive Branch, procurement fraud, bid protests, suspension and debarment, data rights, mergers & acquisitions, international issues, labor and employment, small business, and a whole lot more.

This week's episode covers commercial items and the 809 report, and is hosted by Peter Eyre, Chris Haile, and Elizabeth Buehler. 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.