Limitation on Mark-Up of Subcontractor Costs
Client Alert | less than 1 min read | 04.30.07
In an interim rule effective immediately, the Defense Department amended DFARS on April 26, 2007 to permit the Government to "disallow" (including on firm-fixed price contracts) "excessive pass through charges" on subcontracts where the total subcontract costs exceeds 70 percent of the contract value. "Excessive" charges are defined to include costs and profit that the contractor cannot demonstrate to the contracting officer add something other than "no or negligible" substantive value to performance, so any contractor with an accounting practice that allocates G&A to subcontract costs could run afoul of these rules.
Insights
Client Alert | 2 min read | 07.31.25
A Greater Sum of Certainty: ASBCA Weighs in on when Sum Certain Defense Is Not Waived
A recent Armed Services Board of Contract Appeals decision provides useful guidance on when the government may (or may not) waive its defense that a contractor’s claim failed to state a sum certain. In GE Renewables US, LLC, the contractor had submitted a claim to the contracting officer for a determination that the contractor had the right to an economic price adjustment (EPA) due to an inflation-related price increase. Notably, the contractor did not provide the value of its requested adjustment in its claim. The contracting officer denied the claim, and the contractor appealed to the Board.
Client Alert | 7 min read | 07.31.25
Significant Changes Are in the Works for EU Environmental, Social, and Governance (ESG) Laws
Client Alert | 6 min read | 07.30.25
The new EU “Pharma Package”: Global (Orphan) Marketing Authorization
Client Alert | 4 min read | 07.29.25
Children first: How Ofcom’s Children’s code and age checks change the digital game
