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CAS Pension Requirements In The Market Meltdown

Client Alert | less than 1 min read | 10.13.08

The drastic decline in the market value of the assets in defined-benefit pension plans is causing many contractors to review their options, including the possibility of partially or completely curtailing the accrual of future benefits under those plans. A complete curtailment of future benefits is a "segment closing" that would require adjustment of prior costs under CAS 413.50(c)(12) (producing a credit or refund to the Government if the plan is in surplus and a payment to the contractor if the plan is in deficit) and any decision to change future benefits may affect future costs, requiring timely disclosure in current negotiations under the Truth in Negotiations Act.

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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...