Skye Mathieson is a partner in the Government Contracts Group in Crowell & Moring's Washington, D.C. office. He works with and advises clients from diverse industries on a wide array of matters, including contract performance disputes (CDA claims and equitable adjustments), cost allowability issues, defective pricing, fiscal law questions, prime-sub disputes, bid protests, internal investigations, and responding to DCAA audits. Prior to joining Crowell & Moring, Skye spent several years as a trial attorney at the procurement litigation division of the Air Force Headquarters for Legal Operations, where he pioneered the seminal "Laguna Defense" that is now widely raised and litigated at the Boards of Contract Appeals.
Skye has extensive experience litigating cases before the Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), the Government Accountability Office (GAO), and the Small Business Administration (SBA). Through this litigation, Skye has gained valuable experience in a wide variety of industries, such as aerospace (fighter jets, satellites, refueling tankers, simulators, and counter-measures), information technology and software development, construction, healthcare services, intelligence gathering, battlefield services and logistics, scrap disposal, base maintenance and repair contracts, and many others.
Skye also has experience counseling and litigating on a broad range of legal issues, including defective pricing, cost disallowances, contract terminations, unique commercial item issues, constructive changes, differing site conditions, statute of limitations problems, CDA jurisdictional hurdles, contract fraud, Government superior knowledge, unabsorbed overhead and Eichleay damages, CICA stays and overrides, and small business issues.
Having advocated and litigated on behalf of both the government and contractors, Skye has unique insights into both parties' perspectives that he leverages when exploring and negotiating settlements or other avenues for alternative dispute resolution (ADR). Where settlements are not possible, Skye embraces opportunities for courtroom advocacy. He has significant trial experience examining both expert and fact witnesses on both direct and cross examination, as well as taking and defending depositions, drafting hearing briefs and dispositive motions, and managing millions of pages of document production.
Skye is an active member of the government contracts community. He is the editor-in-chief of the BCA Bar Journal, a quarterly publication of the Boards of Contract Appeals Bar Association, which allows him to work alongside judges, government attorneys, and in-house counsel in the production of each issue. He is also a member of the ABA Section of Public Contract Law.
Government Background and Experience
Prior to joining Crowell & Moring, Skye spent several years litigating government contract cases for the U.S. Air Force. He was lead counsel or co-counsel on approximately $2 billion worth of litigated matters, including numerous contract appeals at the ASBCA, bid protests at the GAO, and industry classification NAICS appeals at the SBA's Office of Hearing and Appeals. These cases include the $147 million F-22 Raptor "tail up" appeal, the high-visibility KC-X Tanker termination liability dispute, and the "rule of 2" clarifying Latvian Connection bid protest.
In addition to his federal procurement experience, Skye has a background in trade and international procurement law. He spent several years working in China as a senior policy analyst jointly employed by the Beijing-based American Chamber of Commerce and the D.C.-based U.S. Chamber of Commerce. In that position, he advocated on behalf of the U.S. business community to both Chinese and U.S. lawmakers on issues of procurement policy, export controls and compliance, intellectual property laws, trade restrictions, and WTO obligations. He speaks Chinese. He has also held legal positions working on international trade litigation at the Office of the U.S. Trade Representative and at the Department of Commerce.
During law school, Skye served as senior managing editor of the Public Contract Law Journal. He also served as co-chair for the 2011 GW Government Contracts Moot Court Competition, where he co-wrote the Competition fact pattern, and he received the award for Overall Excellence when competing in the 2010 competition.
Representative Matters
Cost Disallowance & Defective Pricing Litigation (ASBCA)
- Successfully recovered $250+ million for aerospace contractor following CAS-related cost disallowance (matter of first impression).
- Represented defense contractor in successfully obtaining no-cost Government withdrawal of large Defective Pricing (TINA) claim on the eve of trial.
- Defended small IT contractor in recovering 100% of disputed costs following a FAR 31 cost disallowance of executive compensation and bonuses.
- Defended major defense contractor in successfully resolving FAR 31 disallowance of employee morale and entertainment costs.
- Defended small service contractor in recovering 100% of disallowed costs for alleged “labor mapping” violations (allegations that contractor’s employees or subs did not satisfy the contract’s experience or education requirements).
- Successfully recovered $20+ million for technology contractor following CAS-related cost disallowance.
- Defended aerospace contractor in successfully resolving FAR 31 disallowance of executive compensation costs.
- Successfully defended IT contractor against "labor mapping" allegations that the contractor’s employees had failed to satisfy the contract’s experience or education requirements.
- Successfully defended small service contractor in resolving FAR 31 disallowance of G&A elements and subcontract costs.
- Successfully resolved $10+ million CAS-related disallowance of home office overhead costs for aerospace contractor.
- Skye co-teaches (with David Bodenheimer) the annual, two-day Fed Pubs "Defective Pricing Seminar."
Contractor CDA Claims & Disputes (ASBCA, CBCA)
- Successfully recovered 100% of unpaid invoices for small Iraq War contractor on matter of first impression rife with CDA jurisdictional obstacles.
- Successfully represented small health care contractor in interpreting complex modifications to recover 100% of unpaid lease termination costs in connection with U.S. Army health care facility.
- Represented contractor in defeating the government’s motion to stay ASBCA litigation, which the government sought due to related, ongoing litigation at U.S. District Court.
- Successfully represented ship-building contractor in multimillion-dollar resolution of changes and delay claims with the U.S. Navy.
- Negotiated successful settlement agreement with civilian agency to recover tens of millions of dollars in claims for changes, delays, and future work for major technology contractor.
- Representing construction company in $20+ million litigation over differing site conditions, changes, and other claims.
Federal Court Litigation & Prime-Sub Disputes
- Representing health care companies with $1+ billion in statutory and contract claims for unpaid risk-sharing payments (under the Affordable Care Act) at the U.S. Court of Appeals for the Federal Circuit and the Court of Federal Claims.
- Successfully resolved $20+ million prime–sub dispute for major contractor arising under half-billion-dollar federal program through successful federal court litigation, arbitration, and mediation proceedings.
- Represented technology contractor in multimillion-dollar prime–sub dispute in arbitration proceedings.
GAO Bid Protests
- Successfully defended $158 million contract award for international geospatial intelligence services involving protest allegations of improper cost realism analysis, lack of common understanding, misleading discussions, and unequal technical evaluations. The Boeing Co., B-409941, B-409941.2, Sept. 18, 2014.
- Successfully represented technology contractor in protesting GSA FSS award involving relaxation of specifications, software end-user licenses, and awardee capabilities.
Default Terminations & Show Cause/Cure Notices
- Successfully defended base-maintenance and repair contractor in responding to cure notice and resolving government threats of imminent default termination.
- Represented Fortune 50 contractor in responding to cure notice and threat of termination with respect to half-billion-dollar commercial item health care IT program.
- Successfully defended small construction company from default termination regarding overseas construction projects.
Representative Litigation for DoD
- Government CDA claim alleging unlimited or government-purpose rights in technical data manuals for Italian-made combat aircraft that Congress transferred to the Afghan military. The litigation involved a matter of first impression – at any tribunal – of whether DoD's technical data rights clause (DFARS 252.227-13) is "mandatory" and thus "read-in" to covered contracts by function of the G.L. Christian Doctrine. Alenia North America, Inc., ASBCA No. 57935 14-1 BCA ¶ 35,724, resolved, ASBCA No. 57935, 2014 WL 7059879 (Dec. 4, 2014).
- Matter-of-first-impression ASBCA litigation involving affirmative defenses of "prior material breach" (based on fraud convictions of employees imputed to the Prime Contractor) used to defeat the Contractor’s affirmative claims for unpaid invoices on a $350 million IDIQ Iraq reconstruction contract. Laguna Construction Co., ASBCA No. 58292, 13 BCA ¶ 35,315 (motion to stay based on ongoing fraud trial), resolved, Laguna Constr. Co. v. Carter, 828 F.3d 1364 (Fed. Cir. 2016) (affirming summary judgment on Skye’s affirmative defenses in a related ASBCA case (following DCMA’s amended Answer to incorporate those defenses)).
- ASBCA trial over a $9 million claim for unpaid licensing fees stemming from the government's use of contract-writing software. The four-day trial involved numerous witnesses and complex issues of intellectual property ownership, software escrow agreements, licensing rights, novations, and dueling interpretations of both contract modifications and GSA schedule orders. Distributed Solutions, Inc., ASBCA No. 57266, 14-1 BCA ¶ 35,704, aff’d, 2015 WL 5516256 (Fed. Cir. Sept. 21, 2015).
- Bid protest in which GAO announced that overseas acquisitions are exempt from the mandatory "rule of 2" small business set-aside requirement. The GAO, after conducting a Chevron analysis, upheld the Air Force's interpretation of the regulations implementing the Small Business Act over the objections of the SBA, which had intervened in the litigation. Latvian Connection General Trading & Construction, LLC, B-408633, 2013 CPD ¶ 224, aff'd, B-408633.2.
- Pre-award litigation over a partially classified $1 billion high-tech MASINT/GEOINT intelligence-gathering acquisition. The tribunal upheld the Air Force's selection of a "research and development" industry classification, enabling the procurement to proceed as a small-business set-aside. Evanhoe & Associates, LLC, SBA NAICS-5505, 2013 WL 5492238.
- Multi-day ASBCA trial over a Type I & II Differing Site Conditions claim related to debris encountered in a post-hurricane cleanup at an Air Force base. Mylene Will Co., ASBCA 58154, 13 BCA ¶ 35,415.
- Bid protest over $88 million contract for information technology engineering services issued by DoD's U.S. Transportation Command. The protester was excluded from the competitive range after several rounds of discussions and proposal revisions, leading to allegations of misleading discussions and unreasonable technical evaluation. CEdge Software Consultants, LLC, B-409380, 2014 CPD ¶ 107.
- ASBCA appeal over $11 million in subcontract settlement costs stemming from the termination of a $250 million contract for retrofitting KC-10 refueling tankers. Post-hearing briefs involved issues of equitable estoppel, the government's limitation of funds defense, and whether the limitation of funds clause should be calculated at the task order, contract, or engineering assignment level. The Boeing Co., ASBCA 57409, 14-1 BCA ¶ 35,474.
- Bid protest over $25 million small business set-aside contract for bomb-loading and related aerospace ground equipment. Protest involved allegations that the awardee's proposal indicated a lack of compliance with the 50 percent limitation on subcontracting and improper discussions. L&G Technology Services, Inc., B-408080.2, 2014 CPD ¶ 47.
- CDA claim involving allegations of mutual mistake and $2.5 million in reliance-incurred upgrades to telecommunications infrastructure. Bluebird Communications, Inc., ASBCA 58379, 13 BCA ¶ 35,369.
- ASBCA appeal involving a commercial item contract that was terminated for cause, the contractor's claims for unpaid invoices stemming from the termination, and attendant jurisdictional issues related to the monetary claims. United Healthcare Partners, Inc., ASBCA 58123, 13 BCA ¶ 35,277.
- CDA claim for $767,000 in pre-contract information technology services based on a first-impression interpretation of a 2011 Supreme Court decision regarding equitable tolling and its impact on jurisdictional filing requirements. Waterstone Environmental Hydrology & Engineering, Inc., ASBCA 57557, 12-1 BCA ¶ 35,028.
- ASBCA appeal involving the interpretation of FAR 52.217-8 as it related to $292,000 in additional costs arising out of the Air Force's unilateral extension of deliveries for concrete bomb targets. APAC-Southeast, Inc., n/k/a Oldcastle Southern Group, ASBCA 58057, 12-2 BCA ¶ 35,155.
- ASBCA litigation over unpaid invoices, delay damages, and differing site conditions – followed by a default termination and claim for reprocurement – of a construction and well-drilling SABER contract. The claims and defenses involve issues of standby and excusable delay, conflicting contract terms, and waiver of completion dates. MIC/CCS, Joint Venture, ASBCA 58023, 2014 WL 3821354 (July 22, 2014).
Representative Alternative Dispute Resolution (ADR) for DoD
- Successful ADR negotiation and win-win resolution of the high-visibility $147 million F-22 Raptor litigation at the ASBCA. The dispute turned on whether the DoD had sufficiently satisfied several contract triggers that would permit avoidance of $147 million in final-production-lot "tail up" costs (2012).
- Successful ADR settlement of a multi-party, multi-mediator, multi-variable complex cost allowability dispute over the Air Force's 2008 termination of a $1.6 billion contract for KC-X refueling tankers (2012).
- Successful ADR after a multi-day ASBCA trial over construction delay claims, unabsorbed overhead/Eichleay damages, dueling expert accounting witnesses, and the government's FAR 31 costs disallowances of direct and indirect costs. Ford Construction Co., ASBCA 57822 et al. (2012).
- Successful settlement of a $24 million ASBCA quantum appeal over lost profits – from unexercised option years and the denial of a fair opportunity to compete for task order awards – flowing from the government's breach (10-1 BCA ¶ 34,397) of a $350 million 8(a) multiple award ID/IQ contract. HMR Tech2, ASBCA 57464 (2012).
- Successful ADR settlement of $2.5 million CDA claim for alleged government-directed changes to contract specifications for the construction of hyperbaric research altitude chambers. Environmental Tectonics Corp., ASBCA 58278, 14-1 BCA ¶ 35,598.
- Innovative, successful resolution of non-monetary claims for adjustment or reconsideration of negative CPARS ratings, arising from an Air Force base operations and maintenance contract (2012).
Insights
Speeches & Presentations
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"Cost Recovery: Inflation and COVID Impacts", Client Training Meeting, Washington, D.C.
(November 8, 2022).
Speakers: John Nakoneczny, Michelle D. Coleman and Skye Mathieson.
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"Claims During a Time of Uncertainty," Back Together Again for OOPS 2022, Washington, D.C.
(May 17, 2022).
Speakers: Stephen J. McBrady, J. Chris Haile, Skye Mathieson, Michelle D. Coleman, and Eric Herendeen.
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“How To Put On a Convincing Damages Case,” ABA Contract Claims and Dispute Resolution Committee, Webinar 2022.
(April 27, 2022).
Speakers: Skye Mathieson.
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“Claims, REAs, and Recovery,” Client Training Webinar, 2022.
(January 27, 2022).
Speakers: Stephen J. McBrady, Skye Mathieson, and Michelle D. Coleman.
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“CDA Claims and Recovery: Keeping the Customer Happy While Watching the Bottom Line,” Client Training, 2022.
(October 21, 2021).
Speakers: Skye Mathieson and John Nakoneczny.
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"Changes, Claims, and Terminations During the COVID-19 Pandemic," Crowell & Moring's Government Contracts 101 Seminar 2021
(October 19, 2021).
Speakers: Michelle D. Coleman, Stephen J. McBrady, John Nakoneczny, Skye Mathieson, and Eric Herendeen.
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“Compliance with Truthful Cost or Pricing Data Act (TINA),” Federal Publications, Webinar 2022.
(September 15, 2021).
Speakers: Nicole Owren-Wiest and Skye Mathieson.
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"Accounting, Cost, and Pricing," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 12, 2021).
Presenters: Nicole Owren-Wiest, Skye Mathieson, Erin Rankin, and Catherine O. Shames.
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"Funding, Obligations, and Fiscal Questions," Client Training Webinar
(March 18, 2021).
Presenters: Skye Mathieson and Abigail (Abi) Stokes.
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"Accounting, Cost, and Pricing," OOPS 20/20 - Setting Your Sights
(October 20, 2020).
Presenters: Nicole Owren-Wiest, Skye Mathieson, Catherine O. Shames, and Sean K. Griffin.
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"Costs and Pricing: No Contract is Really Final," Government Contracts "101" - Back to Basics Webinar
(September 23, 2020).
Presenters: Nicole Owren-Wiest, Skye Mathieson, and Charles Baek.
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"COVID-19 Claims and Requests for Equitable Adjustment Q&A Webinar — 'Tick Tock – Submitting COVID-19 Related Claims and REAs as the Government Fiscal Year Draws to a Close'" Crowell & Moring Webinar
(September 17, 2020).
Presenters: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, and Michelle D. Coleman.
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"Coronavirus Aid, Relief, and Economic Security Act (“COVID-19 Stimulus Law”) Section 3610 — Seeking Relief When Contractor Employees Cannot Perform as a Result of the COVID-19 Pandemic," Crowell & Moring Webinar
(March 30, 2020).
Presenters: Stephen J. McBrady, Skye Mathieson, Nkechi A. Kanu, and Charles Baek.
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"Coronavirus & Contracting: Preserving Your Rights and Navigating Evolving Obstacles of Delays, Changes, Stop Work, and Terminations, While Supporting Government Operations, During the COVID-19 Pandemic," Crowell & Moring Webinar
(March 23, 2020).
Presenters: Stephen J. McBrady, Skye Mathieson, and Michelle D. Coleman.
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"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar
(January 29, 2020).
Presenters: Crowell & Moring Government Contracts Group.
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"TINA and Defective Pricing: Best Practices for Compliance and Litigation," Client Webinar
(October 30, 2019).
Presenters: Mana Elihu Lombardo and Skye Mathieson.
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"Ask the Judges: Nuances of Claims, Appeal Procedures, and Statute of Limitations," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Tysons, VA
(October 24, 2019).
Moderator: Skye Mathieson.
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"Changes, Claims, and Terminations," Government Contracts "101" - Back to Basics, McLean, VA
(October 23, 2019).
Moderator: Michelle D. Coleman; Panelists: Stephen J. McBrady, Skye Mathieson, and Monica DiFonzo Sterling.
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"Audits, Compliance, Government Enforcement Actions, and Data Rights," Client Training, Washington, D.C.
(May 8, 2019).
Presenter: Skye Mathieson.
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"Claims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2019, Washington, DC
(May 7, 2019).
Moderator: Stephen J. McBrady; Speakers: Jacinta Alves, Skye Mathieson, Michelle D. Coleman, and Sharmistha Das.
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“Claims & Disputes: The A-Z Guide, Plus Identifying Opportunities for Recovery Amid Shutdown,” D.C. Bar Association, Washington, D.C.
(April 17, 2019).
Panelists: Skye Mathieson, Monica Sterling, and Michelle D. Coleman.
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"Making the Team: Best Practices for Teaming Agreements," ACC/NCR, Tysons Corner, VA
(March 19, 2019).
Panelists: Michelle D. Coleman and Skye Mathieson.
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"Claims and Requests for Equitable Adjustment," Client Training, Chantilly, VA
(January 28, 2019).
Presenters: Stephen J. McBrady, Skye Mathieson, and Michelle D. Coleman.
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"Claims and Requests for Equitable Adjustment," Government Contracts Breakfast Series, Arlington, VA
(January 16, 2019).
Presenters: Stephen J. McBrady, Brian Tully McLaughlin, Michelle D. Coleman, Skye Mathieson, and Charles Baek.
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"Data Rights, Audits, Compliance, and Government Enforcement Actions," Client Training, Washington, D.C.
(January 16, 2019).
Presenter: Skye Mathieson.
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"Government Contract Compliance and Enforcement Concerns for Cloud/Big Data Contractors," Client Training
(October 16, 2018).
Presenter: Skye Mathieson.
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"Costs and Pricing: No Contract is Really Final," Government Contracts "101" - Back to Basics, Washington, D.C.
(October 10, 2018).
Presenters: Nicole Owren-Wiest, Skye Mathieson, and Charles Baek.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Washington, D.C.
(October 9, 2018).
Moderator: Skye Mathieson; Presenter: Michelle D. Coleman.
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"Litigating Contract Claims, Bid Protests, and Government Investigations & Enforcement Actions," GW AbilityOne/JWOD Legal Symposium, Washington, D.C.
(October 3, 2018).
Presenter: Skye Mathieson.
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"Contract Changes, REAs/Claims, and Terminations," Client Training, Chantilly, VA
(September 13, 2018).
Presenters: Brian McLaughlin, Skye Mathieson, and Michelle D. Coleman.
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"Government Enforcement Actions, Investigations, and Contractor Compliance," Client Training, Washington, D.C.
(July 16, 2018).
Presenter: Skye Mathieson.
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"Government Contract Commercial Terms and Terminations," Client Training, Washington, D.C.
(June 12, 2018).
Presenters: Karen Hermann, Chris Haile, and Skye Mathieson.
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"Claims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line," OOPS 2018, Crowell & Moring's 34th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 17, 2018).
Presenters: Stephen J. McBrady, Skye Mathieson, Monica DiFonzo Sterling, Sharmistha Das, and Michelle D. Coleman.
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"False Claims, Mandatory Disclosure, Gifts, Kickbacks, and Compliance," Client Webinar
(May 3, 2018).
Presenter: Skye Mathieson.
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"Government Contract Claims 101," ABA Contract Claims and Disputes Resolution Committee
(February 14, 2018).
Moderator: Skye Mathieson and Presenter: Michelle D. Coleman.
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"What Will the New Year Bring: Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2018," Crowell & Moring Webinar
(January 25, 2018).
Presenters: Crowell & Moring Government Contracts Group.
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"Contractor Compliance and Government Enforcement Actions," Client Training, Washington, D.C.
(January 18, 2018).
Presenter: Skye Mathieson.
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"REAs and CDA Claims: Keeping the Customer Happy While Watching the Bottom Line," Client Training
(November 15, 2017).
Speakers: Stephen J. McBrady, J. Chris Haile, and Skye Mathieson.
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"Costs and Pricing: No Contract is Really Final," Government Contracts "101" - Back to Basics, Washington, D.C.
(October 26, 2017).
Presenters: Terry L. Albertson, Skye Mathieson, Elizabeth Buehler.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Washington, D.C.
(October 25, 2017).
Moderator: Skye Mathieson and Presenter: Michelle D. Coleman.
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"REAs and Claims: Protecting the Company’s Bottom Line," Client Training, Herndon, VA
(September 22, 2017).
Panelists: Stephen J. McBrady, Brian Tully McLaughlin and Skye Mathieson.
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"Staying out of Trouble: Government Contract Compliance, Ethics, & Enforcement," Dcode42 Client Training, Arlington, VA
(September 21, 2017).
Presenter: Skye Mathieson.
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"Defective Pricing," Federal Publications Seminar, Washington, D.C.
(September 11-12, 2017).
Presenters: David Z. Bodenheimer, J. Chris Haile, Skye Mathieson and Elizabeth Buehler.
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"Claims and Requests for Equitable Adjustment," Client Training, Washington, D.C.
(August 28, 2017).
Panelists: Stephen J. McBrady, Brian Tully McLaughlin and Skye Mathieson.
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"Compliance, Ethics, Suspension & Debarment, and FCA Risks for Government Contractors," Dcode42 Client Training, Washington, D.C.
(August 10, 2017).
Presenter: Skye Mathieson.
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"Government Contracts Recovery: 'Frequently Asked Questions' About Requests for Equitable Adjustment and CDA Claims," Crowell & Moring Webinar
(June 14, 2017).
Speakers: Stephen J. McBrady, Skye Mathieson, Charles Baek, and Laura J. Mitchell Baker.
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"Identifying and Pursuing Affirmative Recovery Opportunities and Navigating the Trump Era," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Presenters: Daniel R. Forman, David J. Ginsberg, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson, and Sharmistha Das.
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"Independent Research & Development Costs: Updates, Risks, and Compliance — C&M's First 100 Days Series," Crowell & Moring Webinar
(April 19, 2017).
Presenters: Stephen J. McBrady and Skye Mathieson.
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"What Will the New Year Bring: Issues and Developments for Government Contractors," Federal Publications Webinar, Washington, D.C.
(February 2, 2017).
Presenters: David B. Robbins, Robert A. Burton, Lorraine M. Campos, Stephen J. McBrady, Adelicia R. Cliffe, Skye Mathieson, and Olivia Lynch.
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"What Will the New Year (and Administration) Bring for Government Contractors?" Crowell & Moring First 100 Days Webinar, Washington, D.C.
(January 25, 2017).
Presenters: Crowell & Moring Government Contracts Group.
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"Independent Research & Development Costs: Updates, Risks, and Compliance," Client Webinar, Washington, D.C.
(January 12, 2017).
Panelists: Stephen J. McBrady and Skye Mathieson.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Washington, D.C.
(October 19, 2016).
Moderator: Skye Mathieson and Presenter: Michelle D. Coleman.
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"Defective Pricing," Federal Publications Seminar, Washington, D.C.
(September 19-20, 2016).
Presenters: David Z. Bodenheimer, Robert A. Burton, Skye Mathieson, and Elizabeth Buehler.
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"Cost and Accounting – Items at the Top of the Ledger," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 25-26, 2016).
Moderator: Terry L. Albertson; Panelists: Robert A. Burton, Stephen J. McBrady, and Skye Mathieson.
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"Defective Pricing: Basics Every Government Contractor Needs to Know," Client Webinar, Washington, D.C.
(February 3, 2016).
Panelists: Terry L. Albertson, Stephen J. McBrady, and Skye Mathieson.
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"What Will the New Year Bring," Crowell & Moring Webinar, Washington, D.C.
(January 14, 2016).
Presenters: Crowell & Moring Government Contracts Group.
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"Expert Voices of Government Contracting: The Claims Recovery Process," Federal News Radio, Washington, D.C.
(November 16, 2015).
Experts: J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin, and Skye Mathieson.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Washington, D.C.
(October 14, 2015).
Moderator & Presenter: Skye Mathieson.
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"Defective Pricing 101," Client Training, Virginia
(September 28, 2015).
Panelists: Terry L. Albertson, Stephen J. McBrady, and Skye Mathieson.
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"Defective Pricing," Thomson Reuters Federal Publications Seminar, Alexandria, VA
(September 22-23, 2015).
Presenters: Kent R. Morrison, David Z. Bodenheimer, J. Chris Haile, and Skye Mathieson.
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"Defective Pricing: Basics Every Government Contractor Needs to Know," Client Webinar, Washington, D.C.
(August 12, 2015).
Panelists: Stephen J. McBrady, Skye Mathieson, and Jason M. Crawford.
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"The Risks of Sponsoring Claims," ABA Section of Public Contract Law, Committee on Subcontracting, Teaming Agreements, and Strategic Alliances Webinar
(June 3, 2015).
Presenter: Skye Mathieson.
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"What You Need to Know About Federal Contracting: The Compliance and Enforcement Landscape," 2015 National Policy Conference of Independent Electrical Contractors, Washington, D.C.
(May 5, 2015).
Speakers: Angela B. Styles and Skye Mathieson.
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"Costs," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5-6, 2015).
Moderator: Terry L. Albertson; Panelists: Stephen J. McBrady and Skye Mathieson.
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"The World of Sponsored Claims – Being Caught in the Middle," Association of Corporate Counsel of the National Capital Region, Washington, D.C.
(April 8, 2015).
Speakers: Stephen J. McBrady and Skye Mathieson.
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"Government Contractors and Litigation Forums: The World of Sponsored Claims- Being Caught in the Middle," ACC National Capital Region, McLean, VA
(April 8, 2015).
Presenters: Stephen J. McBrady, Skye Mathieson, and Jason M. Crawford.
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"What Will the New Year Bring: Costs and DCAA," Crowell & Moring Webinar
(January 7, 2015).
Presenters: Terry L. Albertson and Skye Mathieson.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference
(October 15, 2014).
Moderator & Presenter: Skye Mathieson.
Publications
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"Show Me The Money (Or GFE): FAR 52.245-1 Required Contracting Officer To Consider Equitable Adjustment For Missing Equipment," Westlaw Today
(March 1, 2021).
Authors: Charles Baek, Michelle D. Coleman, Skye Mathieson, and John Nakoneczny.
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"Annual Report Shines a Light on Success of Alternative Dispute Resolution at the ASBCA," Crowell & Moring's Government Contracts Legal Forum
(January 30, 2017).
Authors: Stephen J. McBrady, Skye Mathieson and Charles Baek.
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ASBCA Dismisses Army’s $100 Million Cost Disallowance for Failure to State a Plausible Claim
(January 10, 2017).
Author: Steve McBrady, Terry L. Albertson, Skye Mathieson, and Elizabeth Buehler.
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The Pen is Mightier: Typewritten Signature Invalidates CDA Claim
(January 9, 2017).
Co-Authors: Steve McBrady, Skye Mathieson, Charles Baek, and Laura J. Mitchell Baker.
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"No Money, No Problem: Court Finds Certification Merely Defective on Pass-Through Claim, and Dings Severin Argument," Crowell & Moring's Government Contracts Legal Forum
(May 4, 2016).
Authors: Steve McBrady, Skye Mathieson, and Nkechi Kanu.
-
"No Double-Dipping: Board Lacks Jurisdiction Over New Theories Asserted in Government's Amended Answer," Crowell & Moring's Government Contracts Legal Forum
(April 29, 2016).
Authors: Steve McBrady, Skye Mathieson, and Charles Baek.
-
"Claims Recovery Under Government Contracts," Crowell & Moring's Government Contracts Legal Forum
(November 17, 2015).
Authors: Stephen J. McBrady, J. Chris Haile, Brian Tully McLaughlin, and Skye Mathieson.
-
"IG Report Whacks DCMA's Oversight of Contractors' Business Systems," Crowell & Moring's Government Contracts Legal Forum
(October 7, 2015).
Authors: Stephen J. McBrady, Terry L. Albertson, and Skye Mathieson.
-
"Claims Practice Bulletin: Board Sides With Contractor on CDA Jurisdictional Issue," Crowell & Moring's Government Contracts Legal Forum
(July 29, 2015).
Authors: Stephen J. McBrady and Skye Mathieson.
-
"C&M Joins Forces with the Litigation and Government Contracts Forums at ACC National Capital Region for April Forum on Sponsored Claims," Crowell & Moring's Government Contracts Legal Forum
(March 26, 2015).
Authors: Steve McBrady, Skye Mathieson, and Jason M. Crawford.
-
"Claims Practice Bulletin: What the Newly Interpreted 'Non-Jurisdictional' CDA Statute of Limitations Means for Contractors," Crowell & Moring's Government Contracts Legal Forum
(January 20, 2015).
Co-Authors: Stephen J. McBrady and Skye Mathieson.
-
"Claims Practice Bulletin: Performance Fraud, Imputed Liability, and Antecedent Breach," Crowell & Moring's Government Contracts Legal Forum
(January 12, 2015).
Co-Authors: Stephen J. McBrady and Skye Mathieson.
-
"View From Crowell & Moring: Commercial Item Terminations for Convenience—Navigating to an Equitable Conclusion," Bloomberg BNA Federal Contracts Report
(June 24, 2014).
Co-Authors: J. Chris Haile and Skye Mathieson.
-
"Coming Full Circle: Analyzing the 'New' Self-Certification Rule for SDB Subcontractors," Air Force Acquisition Law Newsletter, Vol. 1, No. 3
(December 2011).
Author: Skye Mathieson.
-
"Plain Meaning and Biased Decision Making: The 2011 'Gilbert A. Cuneo' Government Contacts Moot Court Competition," Public Contract Law Journal, 40 Pub. Cont. L.J. 1081
(Summer 2011).
Co-authors: Skye Mathieson, Ashley Barbera, Lucas Hanback, Amy Siadak, Katherine Veeder, and John Ziegler.
-
"Assessing China's Public Procurement Market: Which State-Influenced Enterprises Should The WTO's Government Procurement Agreement Cover?" Public Contract Law Journal, 40 Pub. Cont. L.J. 233
(Fall 2010).
Author: Skye Mathieson.
-
"28 U.S.C. § 1581(c): Judicial Review of Antidumping and Countervailing Duty Determinations Issued by the Department of Commerce," Georgetown Journal of International Law, Vol. 42, No. 1
(Fall 2010).
Co-authors: Michele D. Lynch, Skye Mathieson, Nasim A. Deylami, Nathaniel J. Halvorson, and Kelsey M. Rule.
Client Alerts & Newsletters
-
"ASBCA's FY2022 Report – A Look at the Numbers,"
Government Contracts Bullet Points
(November 9, 2022).
Contacts: Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman, John Nakoneczny, Amanda H. McDowell
-
"Board Upholds Measured-Mile Methodology to Calculate Disruption,"
Government Contracts Bullet Points
(August 24, 2022).
Contacts: Stephen J. McBrady, J. Chris Haile, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
-
"Job Corps Center Prime Contractors Will Now be Subject to the Service Contract Act Requirements,"
Government Contracts Bullet Points
(August 19, 2022).
Contacts: Trina Fairley Barlow, Amy Laderberg O'Sullivan, Skye Mathieson, Eric Herendeen
-
"Special Edition of the Fastest 5 Minutes: Sovereign Acts Doctrine and COVID Impacts,"
Podcast: Fastest 5 Minutes in Government Contracts
(June 2, 2022).
Contacts: Peter Eyre, Skye Mathieson
-
"“Drum” Roll: ASBCA Sides with the Government in Denying COVID-19 Related Costs to Contractor,"
Government Contracts Bullet Points
(May 23, 2022).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
-
"Claim Accrual and the Continuing Claims Doctrine: Board Has Jurisdiction Over Claim Comprised of Separate and Distinct Events that Fell within the CDA’s Six-Year Statute of Limitations Period,"
Government Contracts Bullet Points
(May 3, 2022).
Contacts: Stephen J. McBrady, J. Chris Haile, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
-
"President Biden Announces National Vaccination Strategy: Contractors Are Subject to New Vaccine Requirements,"
Government Contracts Bullet Points
(September 10, 2021).
Contacts: Michelle D. Coleman, Stephen J. McBrady, Nicole Owren-Wiest, Peter Eyre, Thomas P. Gies, Skye Mathieson, John Nakoneczny
-
"Laches Defense No Longer Available in ASBCA Appeals,"
Government Contracts Bullet Points
(July 8, 2021).
Contacts: J. Chris Haile, Skye Mathieson, Stephen J. McBrady, Michelle D. Coleman, John Nakoneczny
-
"You Snooze, You Lose: Contractor’s Compensation Costs are Not Expressly Unallowable When the Government Delayed in Setting Annual Cap,"
Government Contracts Bullet Points
(June 16, 2021).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Erin Rankin, Catherine O. Shames
-
""Here before. Many times. And without resolution." – Board’s Dismissal of Contractor’s Appeals as Moot Precludes Analysis of Costs Repeatedly Disallowed on the Same Grounds,"
Government Contracts Bullet Points
(April 1, 2021).
Contacts: Skye Mathieson, Nicole Owren-Wiest, Alexandra Barbee-Garrett, Catherine O. Shames
-
"Show Me the Money? When a Sum Approximate Counts as a Sum Certain,"
Government Contracts Bullet Points
(March 22, 2021).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman, Catherine O. Shames
-
"CARES Act Section 3610 Relief Extended Until September 30, 2021,"
Government Contracts Bullet Points
(March 18, 2021).
Contacts: J. Chris Haile, Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman
-
""A Claim By Any Other Name": Jurisdiction Over Certified Supplement to Termination Proposal,"
Government Contracts Bullet Points
(February 23, 2021).
Contacts: Skye Mathieson, Nicole Owren-Wiest, Alexandra Barbee-Garrett, Catherine O. Shames
-
"Show Me The Money (Or GFE): FAR 52.245-1 Required Contracting Officer to Consider Equitable Adjustment for Missing Equipment,"
(January 12, 2021).
Contacts: Skye Mathieson, Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Matthew D. Lewis, John Nakoneczny
-
"Section 3610 of the CARES Act Extended Until March 31, 2021,"
Government Contracts Bullet Points
(December 30, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman, John Nakoneczny
-
"If It’s Not One Thing, It’s Another: Claiming Alternative Sums Not Fatal Under CDA,"
False Claims Bullet Points
(December 24, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Michelle D. Coleman, John Nakoneczny
-
"Making a List, Checking it Twice: OIG Report Details Contractor Payments Under Section 3610 of the CARES Act,"
Government Contracts Bullet Points
(December 16, 2020).
Contacts: Peter Eyre, Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Brian Tully McLaughlin, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
-
"Poof There it Is: Court Invokes the Constructive Termination for Convenience Doctrine for the Government,"
Government Contracts Bullet Points
(November 18, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman
-
"ASBCA's FY2020 Report – A Look at the Numbers,"
Government Contracts Bullet Points
(November 10, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek
-
"Trick or Treat: DCMA Poised to Take on New Role in "Helping" to Resolve TINA Disputes,"
Government Contracts Bullet Points
(October 26, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Brian Tully McLaughlin, Nicole Owren-Wiest, Charles Baek
-
"“Show Us the Money (Trail)”: Estimated Subcontract Costs Disallowed for Lack of Proof,"
Government Contracts Bullet Points
(September 2, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest
-
"Stop in the Name of Fraud?: After-the-Fact Fraud Allegation Does Not Divest ASBCA of Jurisdiction,"
Government Contracts Bullet Points
(August 21, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman, John Nakoneczny
-
"New DoD Guidance Clarifies, and Restricts, Recovery under § 3610,"
Government Contracts Bullet Points
(August 20, 2020).
Contacts: Nicole Owren-Wiest, J. Chris Haile, Skye Mathieson, Alexandra Barbee-Garrett
-
"Federal Circuit Affirms Jurisdiction Over Claim Challenging Legality of FAR Provision,"
Government Contracts Bullet Points
(August 12, 2020).
Contacts: Nicole Owren-Wiest, Alan W. H. Gourley, Skye Mathieson
-
"Updated Section 3610 Guidance,"
Government Contracts Bullet Points
(May 1, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Michelle D. Coleman, Skye Mathieson, Charles Baek
-
"Supreme Court Rules in Favor of Health Plans in Landmark $13 Billion Affordable Care Act Case,"
Government Contracts Bullet Points
(April 28, 2020).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, Skye Mathieson, Charles Baek
-
"DoD Issues Class Deviation Regarding Implementation of Section 3610 of the CARES Act,"
Government Contracts Bullet Points
(April 10, 2020).
Contacts: Nicole Owren-Wiest, J. Chris Haile, Stephen J. McBrady, Nkechi Kanu, Skye Mathieson, Charles Baek
-
"The DoD Issues Memo Regarding Section 3610 of the CARES Act; Implementing Guidance to Follow,"
Government Contracts Bullet Points
(March 31, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Nkechi Kanu, John Nakoneczny
-
"Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) Section 3610 — Billing and Contractual Relief for Government Contractors When Employees Cannot Work due to the COVID-19 Pandemic,"
Government Contracts Bullet Points
(March 27, 2020).
Contacts: Peter Eyre, J. Chris Haile, Skye Mathieson, Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Nkechi Kanu
-
"Silence = Acquiescence: Government Stuck with Contractor’s Interpretation that was Provided with its Proposal,"
Government Contracts Bullet Points
(March 18, 2020).
Contacts: Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Catherine O. Shames
-
"Double Take: The DoD OIG Recommends Attempting to Recoup $43 Million in Purportedly Expressly Unallowable Costs Not Previously Disallowed,"
Government Contracts Bullet Points
(February 13, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek, Catherine O. Shames
-
"Application of the Spearin Doctrine Entitles Contractor to Recover FCA Litigation Costs,"
Government Contracts Bullet Points
(February 7, 2020).
Contacts: Stephen J. McBrady, J. Chris Haile, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
-
"Protecting Work Product: When the Threat of Litigation Is Too Remote for Privilege,"
Government Contracts Bullet Points
(February 6, 2020).
Contacts: Nicole Owren-Wiest, Stephen M. Byers, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
-
"ASBCA's FY19 Report – a Look at the Numbers,"
Government Contracts Bullet Points
(February 4, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Charles Baek, Michelle D. Coleman
-
"Curing Claim Certification Defects No Longer Limited to Technical Defects,"
Government Contracts Bullet Points
(January 8, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
-
"Approved: E-Signatures for CDA Claim Certifications Receive the ASBCA’s Stamp of Approval,"
Government Contracts Bullet Points
(October 30, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Michelle D. Coleman, John Nakoneczny
-
"Court of Federal Claims Grants Summary Judgment in Affordable Care Act "Reinsurance" Litigation,"
Government Contracts Bullet Points
(October 8, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, Monica DiFonzo Sterling, Charles Baek, Skye Mathieson
-
"Government Charged With Knowledge of Unapproved Subcontractors Listed on Invoices,"
Government Contracts Bullet Points
(October 2, 2019).
Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman, Charles Baek, Catherine O. Shames
-
"Snooze You Lose: ASBCA Denies Appeal Seeking Payment for Employee Paid "To Do Nothing" During Stop Work,"
Government Contracts Bullet Points
(October 1, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Michelle D. Coleman, John Nakoneczny
-
"ASBCA Rejects the Government’s Use of "Prior Material Breach" Affirmative Defense,"
Government Contracts Bullet Points
(September 24, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman
-
"REA or Claim? Substance Over Form,"
Government Contracts Bullet Points
(July 31, 2019).
Contacts: Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman, Charles Baek
-
"Federal Circuit Clarifies When Affirmative Defenses Must Be Submitted as Claims, and When Interest Runs,"
Government Contracts Bullet Points
(July 17, 2019).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Skye Mathieson, Michelle D. Coleman, Charles Baek
-
"A New Frontier: ASBCA Issues First Ever CPAR Decision on the Merits,"
Government Contracts Bullet Points
(June 24, 2019).
Contacts: Stephen J. McBrady, Skye Mathieson, Nkechi Kanu, Michelle D. Coleman
-
"COFC Grants Summary Judgment on Statutory and Implied-in-Fact Contract Claims in ACA Litigation,"
Government Contracts Bullet Points
(June 14, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Skye Mathieson, Monica DiFonzo Sterling, Charles Baek
-
"ASBCA Holds that Transmission Emails are "Part of the Same Transaction" as Mods for Plain Meaning Purposes,"
Government Contracts Bullet Points
(May 24, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Brian Tully McLaughlin, Michelle D. Coleman
-
"Don’t Sleep on Discovery, It Could Yield Basis for New Claim,"
Government Contracts Bullet Points
(March 4, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman
-
"Speak Now Or Forever Hold Your Claims,"
Government Contracts Bullet Points
(February 28, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman
-
"COFC Grants Summary Judgment on Statutory and Implied-in-Fact Contract Claims in ACA Litigation,"
Government Contracts Bullet Points
(February 20, 2019).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Skye Mathieson, Charles Baek
-
"ASBCA Rules that Navy’s Desires Are Not an Option,"
Government Contracts Bullet Points
(February 13, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Catherine O. Shames
-
"CBCA Holds that Contractor is Out on a Limb Seeking Claim Preparation Costs, but Grants T4C Partial Victory,"
Government Contracts Bullet Points
(February 11, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest
-
"Material Misrepresentation Dooms Contract From the Get-Go,"
Government Contracts Bullet Points
(February 7, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek
-
"Section 809 Panel Weighs in on Ways to Modernize the Board of Contract Appeals,"
Government Contracts Bullet Points
(February 1, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Michelle D. Coleman
-
"Better to Ask Permission than Forgiveness: ASBCA Denies Subcontract Payments,"
Government Contracts Bullet Points
(January 18, 2019).
Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson, Catherine O. Shames
-
"ASBCA's FY18 Report – a Look at the Numbers,"
Government Contracts Bullet Points
(October 18, 2018).
Contacts: Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman, Charles Baek
-
"COFC Grants Summary Judgment in Favor of Health Plan in ACA Litigation,"
Government Contracts Bullet Points
(October 15, 2018).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Skye Mathieson, Monica DiFonzo Sterling
-
"ASBCA Offers Mixed Bag on "Expressly Unallowable" and "Directly Associated" Costs,"
Government Contracts Bullet Points
(September 20, 2018).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek
-
"Cost Disallowance Claim Accrued When the Government Paid Invoices,"
Government Contracts Bullet Points
(September 11, 2018).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek
-
"Court of Federal Claims Grants Summary Judgment on Affordable Care Act "CSR" Litigation,"
Government Contracts Bullet Points
(September 5, 2018).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Skye Mathieson, Charles Baek
-
"Commercial License Terms May Govern Even Without Contracting Officer Knowledge,"
Government Contracts Bullet Points
(July 30, 2018).
Contacts: Nicole Owren-Wiest, John E. McCarthy Jr., Jonathan M. Baker, Skye Mathieson, M. Yuan Zhou, Christopher D. Garcia
-
"Government Liable for $99 Million in Breach of Contract Damages Under Indemnification Clause,"
Government Contracts Bullet Points
(July 24, 2018).
Contacts: Stephen J. McBrady, Jonathan M. Baker, David J. Ginsberg, Skye Mathieson, Paul Freeman, Laura J. Mitchell Baker, Charles Baek
-
"ASBCA Dismisses Appeal for Lack of Jurisdiction After Government Claim Rescinded,"
Government Contracts Bullet Points
(July 9, 2018).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Payal Nanavati
-
"‘Tis the Season: Contracting Officer’s Final Decisions on 2011 Incurred Costs,"
Government Contracts Bullet Points
(July 2, 2018).
Contacts: Skye Mathieson, Stephen J. McBrady, Charles Baek, Michelle D. Coleman
-
"Noncompliance with Planning "Directive" Renders Subcontract Costs Unreasonable,"
Government Contracts Bullet Points
(May 2, 2018).
Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson
-
"Under Tecom, COFC Confirms Unallowability of Settlement Costs Arising from Discrimination Lawsuits,"
Government Contracts Bullet Points
(April 26, 2018).
Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson
-
"ASBCA Finds Stock Option Costs Based on Black-Scholes Model Unallowable,"
Government Contracts Bullet Points
(January 22, 2018).
Contacts: Skye Mathieson, Stephen J. McBrady, Nicole Owren-Wiest
-
"Uncooperative: Court Holds That Cooperative Agreement is Not a Contract,"
Government Contracts Bullet Points
(December 14, 2017).
Contacts: Skye Mathieson, Stephen J. McBrady, Michael G. Gruden, CIPP/G, Monica DiFonzo Sterling
-
"Government Urges SCOTUS to Declare ALJ Process Unconstitutional,"
Administrative Law Alert
(December 8, 2017).
Contacts: Skye Mathieson, Stephen J. McBrady, Daniel W. Wolff
-
"Contractor’s Unwaivable CDA Right to Board Review,"
Government Contracts Bullet Points
(December 5, 2017).
Contacts: Skye Mathieson, Stephen J. McBrady, Charles Baek, Payal Nanavati
-
"Clear as Day: ASBCA Finds No Ambiguity in Contract,"
Government Contracts Bullet Points
(November 15, 2017).
Contacts: Skye Mathieson, Stephen J. McBrady
-
"Congress Turns its Sights to DCAA Audit Backlog,"
Government Contracts Bullet Points
(October 26, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"GAO Report Reveals That DCAA’s Audit Backlog Continues,"
Government Contracts Bullet Points
(October 24, 2017).
Contacts: Skye Mathieson, Stephen J. McBrady
-
"Do Not Pass Go: Board Dismisses Claim on Jurisdictional Grounds,"
Government Contracts Bullet Points
(October 20, 2017).
Contacts: Skye Mathieson, Stephen J. McBrady, Charles Baek, Laura J. Mitchell Baker
-
"DFARS Deviation Removes “Technical Interchange” Requirement for IR&D Cost Allowability,"
Government Contracts Bullet Points
(September 25, 2017).
Contacts: John E. McCarthy Jr., Stephen J. McBrady, Jonathan M. Baker, Skye Mathieson
-
"Deal or No Deal? Board Reminds Contractors that Money “Awarded” in Final Decision May Evaporate If Appealed,"
Government Contracts Bullet Points
(September 21, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Inclusion of Deferred Compensation Found Proper Where Government Forced Contractor’s Hand,"
Government Contracts Bullet Points
(August 11, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Board Rejects Claim Based on Certain Fiscal Law Violations,"
Government Contracts Bullet Points
(June 12, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Board Clarifies that Claim Accrual Contains Implicit "Reasonableness" Standard,"
Government Contracts Bullet Points
(June 7, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Board Confirms Unallowability of Executive Compensation Based on Changes in Securities and Dividends Prices,"
Government Contracts Bullet Points
(May 31, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Iraq War Contractor Navigates CDA Jurisdictional Minefield to Victory,"
Government Contracts Bullet Points
(May 10, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson, Charles Baek
-
"Court Compels Government to Produce Attorney Documents and CO’s Justification for Rescinding Final Decision that Formed Basis of FCA Case,"
Government Contracts Bullet Points
(May 9, 2017).
Contacts: Brian Tully McLaughlin, Skye Mathieson, M. Yuan Zhou
-
"Accurate Historical Data Yields Negligent Estimate,"
Government Contracts Bullet Points
(February 28, 2017).
Contacts: J. Chris Haile, Brian Tully McLaughlin, Skye Mathieson
-
"ASBCA's FY16 Report – a Look at the Numbers,"
Government Contracts Bullet Points
(February 6, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson, Charles Baek
-
"Submission of Indirect Cost Rate Proposal Starts Six-Year Limitations Period,"
Government Contracts Bullet Points
(February 1, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Government Liable for $99 Million in Indemnification Under Government Contracts,"
Government Contracts Bullet Points
(January 26, 2017).
Contacts: Stephen J. McBrady, Jonathan M. Baker, Skye Mathieson
-
"ASBCA Dismisses "Conclusory" and "Unsupported" $100M Government Claim,"
Government Contracts Bullet Points
(January 10, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"The Pen is Mightier: Typewritten Signature Invalidates CDA Claim,"
Government Contracts Bullet Points
(January 5, 2017).
Contacts: Stephen J. McBrady, Skye Mathieson, Charles Baek, Laura J. Mitchell Baker
-
"Failure to Consider CAS Materiality Criteria Dooms Gov’t Claim,"
Government Contracts Bullet Points
(November 10, 2016).
Contacts: Robert A. Burton, Stephen J. McBrady, Skye Mathieson
-
"CFC’s Transfer to CBCA Not Constrained by Board’s 90-Day Appeal Period,"
Government Contracts Bullet Points
(October 6, 2016).
Contacts: Stephen J. McBrady, Skye Mathieson, Laura J. Mitchell Baker
-
"One Employee's Fraud Bars Company's Monetary Claim,"
Government Contracts Bullet Points
(July 19, 2016).
Contacts: J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson
-
"Nyet: Board Finds Insufficient Evidence to Grant Summary Judgment on SOL Grounds,"
Government Contracts Bullet Points
(July 6, 2016).
Contacts: Stephen J. McBrady, Skye Mathieson, Charles Baek
-
"“Good” Enough: Court Finds Certification Merely Defective on Pass-Through Claim,"
Government Contracts Bullet Points
(May 4, 2016).
Contacts: Stephen J. McBrady, Skye Mathieson, Nkechi Kanu
-
"No Double-Dipping: Board Lacks Jurisdiction Over New Theories Asserted in Government’s Amended Answer,"
Government Contracts Bullet Points
(April 29, 2016).
Contacts: Stephen J. McBrady, Skye Mathieson, Charles Baek
-
"Proposed Rule Would Nix Allowability of Congressional Investigation Costs,"
Government Contracts Bullet Points
(February 17, 2016).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"For Whom Does the Appeal Clock Toll? Vitiation vs. Finality,"
Government Contracts Bullet Points
(January 12, 2016).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Claims Recovery Under Government Contracts,"
Government Contracts Bullet Points
(November 17, 2015).
Contacts: J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson
-
"ASBCA's FY15 Report – a Look at the Numbers,"
Government Contracts Bullet Points
(November 5, 2015).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson
-
"IG Report Whacks DCMA's Oversight of Contractors' Business Systems,"
Government Contracts Bullet Points
(October 13, 2015).
Contacts: Skye Mathieson, Stephen J. McBrady
-
"Proposed DFARS Rule to Provide Guidance on Assessing Commercial Price Reasonableness,"
Government Contracts Bullet Points
(August 5, 2015).
Contacts: Alan W. H. Gourley, Robert J. Sneckenberg, Skye Mathieson
-
"Contractor Gets "Second Bite" When Final Decision Reconsidered,"
Government Contracts Bullet Points
(August 3, 2015).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Bad News for Contractors: ASBCA Decision Bars Offsets of Simultaneous Accounting Changes Under FAR 30.606,"
Government Contracts Bullet Points
(July 22, 2015).
Contacts: Skye Mathieson, Stephen J. McBrady
-
"Non-Offeror Has Standing, and FAR Part 12 Commercial Item Restrictions Apply to GSA Schedule Procurements,"
Government Contracts Bullet Points
(March 12, 2015).
Contacts: John E. McCarthy Jr., Jonathan M. Baker, Skye Mathieson
-
"A Rose and a Thorn: Federal Circuit Permits Contractor to Add New Claim to Pending Complaint, but Enforces Notice Provision to Bar Recovery,"
Government Contracts Bullet Points
(February 26, 2015).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"DCAA Issues (Mis)Guidance on Expressly Unallowable Costs,"
Government Contracts Bullet Points
(February 23, 2015).
Contacts: Skye Mathieson, Stephen J. McBrady
-
"Making a List and Checking It Twice: New Rule Requires "Adequacy Checklist" with Forward Pricing Rate Proposals,"
Government Contracts Bullet Points
(January 9, 2015).
Contacts: Stephen J. McBrady, Skye Mathieson
-
"Profit Recoverable in Commercial Item Termination,"
Government Contracts Bullet Points
(January 5, 2015).
Contacts: J. Chris Haile, Skye Mathieson
-
"Expanding FAPIIS: First "Ownership," Now "Predecessors","
Government Contracts Bullet Points
(December 17, 2014).
Contacts: Peter Eyre, Skye Mathieson
-
"Federal Circuit Drops Bombshells on CDA Statute of Limitations and CAS "Materiality" Test,"
Government Contracts Bullet Points
(December 11, 2014).
Contacts: Stephen J. McBrady, Skye Mathieson
-
""Any Degree of Fraud" Bars Contractor Claims,"
Government Contracts Bullet Points
(October 13, 2014).
Contact: Skye Mathieson
-
"DPAS Regs Updated and Expanded,"
Government Contracts Bullet Points
(August 15, 2014).
Contacts: Peter Eyre, Skye Mathieson
Press Coverage
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Legal Q and A: Negotiating Inflation-Related Federal Contract Clauses
February 2, 2023 — The Construction Broadsheet
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Crowell & Moring Promotes Largest Partner Class In Its History
January 11, 2023 — Law360
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What Government Contractors Need To Know About Coronavirus-Related Excusable Delays, Defenses
April 7, 2020 — Compliance Week
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Government Contracts Group of the Year: Crowell & Moring
January 6, 2016 — Law360
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Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
May 12, 2015 — Bloomberg BNA
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NDAA Report Language Targets DCAA Backlog, Poor Performance
May 8, 2015 — Bloomberg BNA
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5 Issues Gov't Contractors Need To Know About In 2015
January 7, 2015 — Law360
Firm News & Announcements