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CAS Coverage And Indirect Costs

Client Alert | 1 min read | 03.31.06

A previous Bullet Point addressed a recent decision, AM General LLC, in which the ASBCA decided that a contract awarded pursuant to a partial waiver of the Truth in Negotiations Act was nevertheless covered by the Cost Accounting Standards and adopted a “benefit” test for determining the homogeneity of indirect cost pools under CAS 418. In their article entitled “Practitioner's Comment: “Benefit” Test for CAS 418 Homogeneity,” published in the March 8, 2006, Thomson West The Government Contractor (http://www.crowell.com/pdf/newsroom/GovtContractor_March06.pdf), Terry Albertson and Linda Bruggeman discuss both the legal and practical problems with the Board's CAS 418 analysis as well as the legal issues presented by the CAS Board's lengthy delay in implementing the CAS exemptions in FASA and FARA.

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Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....

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