ASBCA Reconsiders CAS 418 Definition Of "Homogeneous Cost Pools"
Client Alert | 1 min read | 03.06.07
In a decision published on February 26, 2007, the Armed Services Board of Contract Appeals granted Appellant's motion for reconsideration of the widely criticized decision in AM General LLC, ASBCA Nos. 53610, 54741, 06-1 BCA ¶ 33,190, in which the Board had granted summary judgment to the Government, finding that an overhead cost pool that included some capital facilities used in production of the commercial HUMMER but was allocated to all HUMMER production did not comply with the homogeneity requirements of CAS 418 because those assets did not directly benefit production of the military version of the HUMMER. After considering the additional arguments of the contractor and of the National Defense Industrial Association as amicus curiae (represented by Crowell & Moring), the Board found that the evidence about the "homogeneity" of activities in the pool and the base at issue was insufficient to demonstrate a violation of CAS 418 and that the Government had failed even to address materiality ("a crucial test for determining homogeneity"), and for these reasons vacated its prior decision.
Insights
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The National Association of Insurance Commissioners (NAIC) is intensifying its oversight of how insurers use AI — and the pace of regulatory activity shows no signs of slowing. Over the past several months, the NAIC has published a formal Issue Brief staking out its position on federal AI legislation, launched a multistate AI Evaluation Tool pilot aimed at examining insurers’ AI governance programs, and continued to expand adoption of its AI Model Bulletin across state lines. These developments continue a trend towards enhancing regulation; the NAIC adopted AI Principles in 2020 and a Model Bulletin in 2023 clarifying that existing insurance laws apply to AI systems and establishing expectations for governance, documentation, testing, and third-party oversight. That Model Bulletin has now been adopted in approximately 24 states.
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White House National AI Policy Framework Calls for Preempting State Laws, Protecting Children
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California Considering A Massive Expansion of Its Antitrust Laws
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