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ASBCA Offers Mixed Bag on "Expressly Unallowable" and "Directly Associated" Costs

Client Alert | 1 min read | 09.20.18

On August 28, 2018, the ASBCA denied the parties’ motions for reconsideration of Raytheon Co., ASBCA No. 57743, et al. (discussed here). The Board reiterated that salaries of employees engaged in unallowable lobbying activities were “expressly unallowable” as “directly associated costs” because the relevant FAR provision states that costs “directly associated with” lobbying activity are unallowable, and although salaries are not spelled out as “directly associated” costs, it is “obvious” that salary costs are associated with unallowable lobbying costs. The Board also reiterated that Raytheon’s airplane lease costs are not expressly unallowable, making a distinction that while Raytheon previously agreed not to charge such costs to the government (in which case they would be expressly unallowable and subject to level 2 penalties), Raytheon did not concede that the costs were unallowable under the FAR. In any case, the Board held that the government failed to pursue level 2 penalties earlier in the case, and cannot raise them now.

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Client Alert | 2 min read | 05.29.26

California Assembly Passes AB 1776, Sending Major Antitrust Bill to the Senate

California’s COMPETE Act (AB 1776) narrowly passed the California State Assembly by three votes on Wednesday and now moves to the California State Senate. The bill — introduced in March by Assembly Majority Leader Cecilia Aguiar-Curry — is modeled closely on draft legislation recommended by the California Law Revision Commission in September. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but, based on recent amendments, would also explicitly decouple California antitrust analysis from certain federal standards. Crowell & Moring is representing the California Chamber of Commerce (CalChamber) in monitoring, analyzing, and responding to AB 1776. ...