Don't Risk A "Jury Verdict"
Client Alert | less than 1 min read | 03.12.10
The ASBCA decision in States Roofing Corp. (Jan. 19, 2010) reminds us that contemporaneously tracking the costs of preparing and negotiating REAs can be critical to recovering them from the government as contract administration costs. The ASBCA found that the contractor's REA proposal efforts included in-house labor, legal, and accounting costs that were properly classified as contract administration costs, but found inter alia that personnel did not track those efforts separately from other contract work and the contractor's post-hoc allocations were unreliable - leading the ASBCA to use a "jury verdict" approach and award less than 12% of the contractor's claim.
Insights
Client Alert | 3 min read | 04.14.26
On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded.
Client Alert | 4 min read | 04.14.26
FedRAMP Solicits Public Comment on Overhaul to Incident Communications Procedures
Client Alert | 5 min read | 04.14.26
Client Alert | 4 min read | 04.14.26
