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Results: 1-10 of 18

Congress continues efforts to decrease allowability of contractor compensation

  • Wiley Rein LLP
  • -
  • USA
  • -
  • December 16 2013

In both the bipartisan budget agreement and the final version of the National Defense Authorization Act for Fiscal Year 2014 (NDAA), Congress again

ASBCA confirms jurisdiction over data rights challenges

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 20 2013

Given the Department of Defense's (DoD) increase in aggressive challenges to contractor data rights assertions, more cases are addressing such

DOD publishes final rule on government support contractor access to contractor proprietary technical data & software

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 23 2013

On Wednesday, May 22, the Department of Defense (DOD) adopted, with some changes, the March 2, 2011, interim rule amending the Defense Federal

Late government claims: ASBCA taking a harder look at when government cost accounting claims accrue

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 15 2013

The Contract Disputes Act (CDA) provides that all claimswhether brought by the government or a contractormust be asserted within six

What's next for DCAA executive compensation audits? What to do in the wake of the J.F. Taylor, Inc. decision

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 21 2012

The Armed Services Board of Contract Appeals recently ruled that the Defense Contract Audit Agency (DCAA) method for analyzing the reasonableness of a contractor's executive compensation under FAR Part 31 is inadequate to support unallowability determinations

"Fatally flawed statistically and therefore unreasonable" Armed Services Board finds DCAA executive compensation review methodology defenseless

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 24 2012

In a decision dated January 18, 2012, the Armed Services Board of Contract Appeals agreed with the Appellant that the Defense Contract Audit Agency (DCAA) method for analyzing the reasonableness of executive compensation under FAR 31.205-6 was subject to "statistical flaws" which rendered Government affirmative claims of nearly $600,000 untenable

ASBCA reverses course and holds that the $10,000 penalty waiver of FAR 42.709-5 applies to individual cost elements

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 4 2011

On October 19, 2011, the Armed Services Board of Contract Appeals (Board or ASBCA) issued a decision clarifying whether the $10,000 waiver threshold in FAR 42.709-5(b) applies to individual unallowable costs or the sum of all unallowable costs

Final rule revises DFARS data rights requirements and procedures for commercial items and major systems

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 21 2011

On September 20, 2011, the Department of Defense (DoD) issued a final rule (76 Fed. Reg. 58144) to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 802(b) of the Fiscal Year (FY) 2007 National Defense Authorization Act (NDAA) (Pub. L. 109-364) and section 815 of the FY 2008 NDAA (Pub. L. 110), which, together, modified 10 U.S.C. 2321(f)(2) with respect to the presumption of development at private expense for major systems

Deficient business systems can hurt contractor pay

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 24 2011

On May 18, the U.S. Department of Defense issued an interim rule (76 Fed. Reg. 28,856) for immediate implementation, defining contractor business systems and authorizing contracting officers (COs) to withhold a percentage of payments, under certain conditions, when a contractor's business system contains a "significant deficiency."

Interim DFARS rule authorizes payment withholdings up to 10 for contractor business systems with significant deficiencies

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 19 2011

On May 18, 2011, the Department of Defense (DoD) issued an Interim Rule (76 Fed. Reg. 28,856) for immediate implementation, defining contractor business systems and authorizing contracting officers (COs) to withhold a percentage of payments, under certain conditions, when a contractor's business system contains a "significant deficiency."