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Contractors and Competition (New Series)

Client Alert | 1 min read | 07.21.25

Government contractors face a growing range of antitrust concerns that are unique to the industry—from how the FTC, DOJ, and DOD analyze defense mergers, to managing information sharing in prime/sub relationships, to navigating antitrust investigations involving classified information. Join us over the coming months for a new series on contractors and competition, where we will explore best practices for in-house counsel and procurement teams to reduce risk in this complex area.

In our first Bloomberg Law article of this series, Crowell attorneys Lauren Fleming and Yuan Zhou discuss how proactive strategies can reduce risks when it comes to teaming. They warn contractors to keep clear records of their conversations about partnering with competitors to avoid antitrust violations.   

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Client Alert | 1 min read | 07.08.26

CAS Board Publishes Final Rule Rescinding CAS 404, 408, 409, and 4117

As part of its ongoing effort to conform the Cost Accounting Standards (“CAS”) to generally accepted accounting principles (“GAAP”), the CAS Board published a final rule rescinding CAS 408 (Accounting for costs of compensated personal absence) and CAS 411 (Accounting for acquisition costs of material).  The CAS Board also rescinded CAS 404 (Capitalization of tangible assets) and CAS 409 (Depreciation of tangible capital assets) but retained certain requirements of CAS 404 and 409, which will be located in new paragraphs of CAS 405 (Accounting for unallowable costs).  Specifically, the CAS Board retained the requirements currently located at CAS 404-50(d)(1), CAS 409-50(e)(5), CAS 409-50(j)(1), and CAS 409-50(j)(4), which the CAS Board explained are necessary to protect the Government’s interests.  Otherwise, the CAS Board determined that the requirements of CAS 404, 408, 409, and 411 overlapped with GAAP such that GAAP “may be applied reasonably as a substitute for CAS to support contract cost and pricing.”...

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