Insights

Washington – June 24, 2024: Crowell & Moring has been recommended in eight practice areas in the 17th edition of the Legal 500 United States. In addition, partner Daniel Forman, co-chair of the firm’s Government Contracts Group, has been named to the Legal 500’s “Hall of Fame” for Government Contracts.

Washington – June 6, 2024: Crowell & Moring earned 78 rankings for 67 lawyers, as well as 41 national and statewide practice area rankings, in the Chambers USA 2024 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – June 8, 2023: Crowell & Moring has been recommended in seven practice areas in the 16th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group, has been named to the Legal 500’s “Hall of Fame” for Government Contracts. The firm’s full rankings can be viewed here.

The Department of Defense (DoD) recently announced that it seeks public comments on a proposed change to the contractor business systems regime.  The proposed rule would amend the Defense Federal Acquisition Regulation Supplement (DFARS) by replacing the phrase “significant deficiency” with the new defined term “material weakness,” to mean “a deficiency or combination of deficiencies in the internal control over information in contractor business systems, such that there is a reasonable possibility that a material misstatement of such information will not be prevented, or detected and corrected, on a timely basis.”  In addition, the term would provide that a “reasonable possibility exists when the likelihood of an event occurring is— (1) Probable; or (2) More than remote but less than likely.” 

The Cost Accounting Standards Board (CASB) recently announced that it seeks public comments on “whether and how” to amend the rules to clarify whether the CAS apply to indefinite value contract vehicles (or IDVs, otherwise known as indefinite-delivery / indefinite-quantity, or IDIQ, contracts).  Comments are due no later than August 19, 2024.  The full text of the notice is available here.  The CASB also published a paper discussing six possible approaches and the criteria it will use to evaluate those approaches, but welcomed the public to identify alternatives for the CASB to consider. 

On May 3, 2024, in Geospatial Technology Associates, LLC v. United States, COFC No. 16-346C, the U.S. Court of Federal Claims denied the government’s motion to dismiss for lack of jurisdiction and, alternatively, for summary judgment due to alleged inaccuracies in a copyright registration, holding that plaintiff Geospatial Technology Associates, LLC’s (“plaintiff” or “GTA”) patent and copyright infringement claims pursuant to 28 U.S.C. § 1498 raise issues that “must be addressed at trial.” This newest development follows GTA’s original March 2016 lawsuit against several government agencies—including the Department of the Army, the Department of the Air Force, and the National Geospatial-Intelligence Agency (“NGA”)—alleging patent and copyright infringement of the underlying software code of its product, “NINJA.pro.” 

Crowell & Moring is pleased to announce the next installment of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our next sessions are described below.

Crowell & Moring is pleased to announce the launch of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our September session is described below. 

Please Join Crowell & Moring for a Webinar on COVID-19 and the False Claims Act: What to Expect and How to Defend Investigations, Audits, and Qui Tam Actions in a Post-Pandemic World.

Please join members of Crowell & Moring’s Government Contracts Group for an overview of where acquisition regulations and policies may be headed in the new Biden Administration.  The attorneys will also highlight hot topics and new developments in government contracts for 2021.  Topics to be discussed include:

For nearly 6 months, the Coronavirus pandemic has caused disruptions across nearly all industrial sectors, including the government contracting industry.  As contractors have attempted to respond to challenges in providing support to government customers, meeting contract and staffing requirements, and adhering to contract terms and a constantly shifting landscape, Congress provided an additional avenue of relief to certain contractors dealing with COVID-19 related impacts.  Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provided assistance in connection with certain disruptions in contractor performance arising from the COVID-19 pandemic.  Now, as the Government fiscal year draws to a close, many contractors are considering whether and when to submit potential Claims and REAs – including Claims and REAs triggered in part by COVID-19 related issues – and how best to position themselves to recover schedule and cost impacts triggered by COVID and non-COVID related causes.

Nicole Owren-Wiest and Erin Rankin continue their discussion of TINA. In this episode, they dive into the definition of cost or pricing data. Spoiler alert: the devil’s in the details. “It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments.

Nicole Owren-Wiest and Erin Rankin talk TINA. What is the Truthful Cost or Pricing Data Act, formerly known as the Truth in Negotiations Act? When are contractors and subcontractors required to provide certified cost or pricing data? And what does Nicole’s Cookie Monster coffee mug have to do with it? “It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments.

To set the groundwork for future episodes, Nicole Owren-Wiest and Erin Rankin talk fundamentals: What is the purpose behind the often counter-intuitive and complex government contracts cost and pricing rules? What are the various price analysis techniques available to the world’s largest buyer of goods and services? “It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments.