By Oles Morrison on June 15, 2021 | Posted in Buy American Act
On June 11, 2021, the Office of Management and Budget (OMB) Acting Director Shalanda Young issued a memorandum to heads of executive departments and agencies providing initial guidance regarding the Made in America Office’s (MIAO) implementation of President Biden’s January 25th executive order (EO). The purpose of the memorandum is […]
By Oles Morrison on July 3, 2018 | Posted in Cost and Pricing
The National Defense Authorization Act for Fiscal Year 2018 amended the Truth in Negotiations Act’s cost or pricing data report threshold, effective July 1, 2018, for all Department of Defense (DoD) procurement contracts, if no exceptions apply. The TINA amendment raises the threshold for submitting certified cost or pricing data […]
By Oles Morrison on June 4, 2018 | Posted in Cost and Pricing
In its annual report to Congress, the Defense Contract Audit Agency (“DCAA”) released impressive metrics about its progress during the 2017 fiscal year. For many years, DCAA has struggled to manage a substantial number of backlogged incurred cost audits—most of which extended back several years, including some which extended back […]
By Oles Morrison on May 23, 2018 | Posted in Cost and Pricing
The Department of Defense (“DoD”) recently issued a final rule regarding contractor disclosures of defective pricing issues on DoD contracts, which can arise where the contractor’s certified cost or pricing data is inaccurate, incomplete or is not current. In such cases, these errors and omissions can result in significant contract […]
By Oles Morrison on January 22, 2018 | Posted in Claims and Disputes
In Appeal of American West Construction, LLC, the Armed Services Board of Contract Appeals considered whether the U.S. Army Corps of Engineers (Government) lost its right to claim a credit under the Changes Clause by waiving its right to insist on compliance with the contract specifications prior to insisting on […]
By Oles Morrison on August 23, 2017 | Posted in Bid Protests
With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]
By Oles Morrison on June 20, 2017 | Posted in Claims and Disputes
It is common for corporations to compensate executives (and other employees) based upon stock price performance. Tax implications lend support for this practice with respect to high-paid employees, as executive compensation is only deductible up to a limit of $1 million per year, so companies are inclined to compensate executives […]