A Sewer By Any Other Name Would Smell As Foul
Client Alert | 1 min read | 03.24.05
Southwest Marine, Inc. (Feb. 23, 2005), concerned costs incurred by a contractor in defending a private action brought under the Clean Water Act in which the government did not intervene and in which a federal court found that the contractor had violated the act, imposed a penalty for that violation, and then remitted the penalty entirely in recognition of costs incurred by the contractor to correct the violation. The ASBCA acknowledged that there was no FAR provision that expressly made the costs of a private action unallowable, but noted that FAR 31.205-47 would make such costs unallowable if the action had been brought by the government and concluded that the costs incurred in this private action were sufficiently similar to costs incurred in an action brought by the government to make the costs of the private action unallowable as well.
Insights
Client Alert | 1 min read | 11.12.26
SBA Announces Doubling Veteran Contracting Target to 10% for FY 2027, but Questions Remain
On November 9, 2026, the Small Business Administration (SBA) announced new fiscal year (FY) 2027 contracting goals emphasizing veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs).
Client Alert | 6 min read | 11.12.26
Client Alert | 2 min read | 11.11.26
President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner
Client Alert | 4 min read | 11.10.26
D.C. District Court Upholds CMS’s 2020 Organ Procurement Rule
