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CAS Exemption For Time & Material And Labor Hour Contracts

Client Alert | less than 1 min read | 07.06.07

To conform the Cost Accounting Standards regulations to the statutory provisions of the Services Acquisition Reform Act and to the recently amended provisions of the FAR, the CAS Board has issued regulations (72 Fed. Reg. 36367, July 3, 2007) exempting Time and Material (T&M) and Labor Hour (LH) contracts for commercial items from CAS coverage. Because the comparable FAR provisions require competition as a prerequisite to award of T&M and LH contracts for commercial items, the CAS exemption will apply only to competitively awarded contracts.

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Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...