New Executive Compensation Limits

On June 26, 2013, the government issued an interim rule that purports to expand the application of the executive compensation benchmark, currently set at $763,029, from senior executives to all contractor employees performing on contracts awarded as of December 31, 2011, by DoD, NASA, and the Coast Guard. As discussed in our blog posting, this interim rule, which is effective immediately, is intended to make any compensation costs incurred after January 1, 2012, over the benchmark amount unallowable for contracts subject to the FAR cost principles, but challenges to this rule based on the terms of the Allowable Cost and Payment clause might result.