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It's Not Easy Being Green: DoD Tightens up Domestic Preference Restrictions on Photovoltaic Devices

Client Alert | 1 min read | 05.29.15

On May 26, 2015, DoD issued a proposed rule to implement further restrictions on the acquisition of domestic photovoltaic (PV) devices mandated by the FY 2015 National Defense Authorization Act. In addition to broadening the scope of application (i.e., applying the restriction when the PV device is installed on DoD property or a facility owned by DoD or if the device is reserved for the exclusive use of DoD for its full economic life cycle), DoD has narrowed the applicable exceptions (e.g., the component prong of the country of origin test is no longer waived for commercially available, off-the-shelf items and acquisition of qualifying country PV devices requires an individual public interest determination), which will make it even harder for suppliers to comply.

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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  The CAS Board also rescinded CAS 404 (Capitalization of tangible assets) and CAS 409 (Depreciation of tangible capital assets) but retained certain requirements of CAS 404 and 409, which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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