Nicole Owren-Wiest

Nicole’s counseling and litigation/dispute-resolution practice broadly includes Contract Disputes Act claims, REAs, DCAA cost and pricing audits, DCAA and DCMA business system reviews, TINA compliance and defective pricing audits and investigations, False Claims Act investigations and litigation, data rights disputes, and general contract compliance. Nicole and her teams have a busy docket of matters at the Boards of Contract Appeals and the COFC, and advise contractors of all sizes across numerous industry segments, including many of the top government defense contractors and small businesses preparing to perform their first federal contract. A sample of Nicole’s recent matters includes:

• Ongoing representation of a major aerospace and defense contractor in an appeal before the Armed Services Board of Contract Appeals (ASBCA) of a government claim seeking over $2 billion for alleged noncompliance with Cost Accounting Standard 420 due to its method of allocating independent research and development costs to government contracts (ASBCA No. 62094).
• Ongoing representation of a major defense contractor in an appeal at the Court of Federal Claims involving the government’s rights in contractor technical data and computer software, including successful opposition to government motion for partial dismissal (Case No. 1:23-cv-01090)
• Ongoing representation of a major aerospace and defense contractor in appeal before the ASBCA involving the government's rights in contractor technical data (ASBCA No. 62496).
• Ongoing representation of major defense contractor in investigations of TINA compliance, post-award DCAA TINA audits, and to provide advice and training on TINA compliance.
• Advising several different defense contractors in connection with separate multi-million pension segment closing adjustments under CAS 413, and successful settlement and full payment of the government’s share of a major contractor’s CAS 413 closing adjustment (totaling ~$16 million).
• Advising multiple defense contractors in pre- and post-COFD disputes involving allowability of costs under FAR Part 31 and in connection with pre-COFD allegations of noncompliance with CAS 403, 405, 410, and 418.
• Successful zero-dollar resolution of a major defense contractor in an ASBCA appeal of a government claim seeking recovery of allegedly unallowable costs incurred to continue contract performance during the COVID-19 pandemic (ASBCA No. 63233)
• Successful zero-dollar resolution of a threatened government claim for $500 million for alleged noncompliance with CAS 410.
• Successful settlement and resolution of appeal before the ASBCA involving the government's rights in contractor technical data and computer software following successful opposition of government’s motion for summary judgment (ASBCA Nos. 62249, 62727).
• Successful, zero-dollar resolution of a pre-COFD $52 million government claim under a special “price reopener” clause.
• Successful ASBCA appeal of a $24 million government defective pricing claim for major defense contractor (government withdrew the claim).

• Chambers USA: Leading lawyer, Government Contracts (Band 2), 2014–2024
• Chambers USA: Special Recognition, Cost Accounting, 2021–2024
• Legal 500 United States: Leading Lawyer, Government Contracts, 2021–2024
• Acritas Stars Independently Rated Lawyers: Acritas Star, 2019, 2021–2024