Nicole Owren-Wiest is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office. Nicole is nationally ranked by Chambers USA in Government Contracts and a recognized leader in two of the most complex areas in government contracting: accounting, cost, and pricing, and intellectual property/data rights. With over 20 years’ experience, Nicole has a broad counseling and dispute-resolution practice and leads the Group’s cost accounting practice, which focuses on helping clients navigate the government’s complex cost and pricing rules, including the FAR Part 31 cost principles, the Cost Accounting Standards (CAS), and Truth in Negotiations Act/Truthful Cost or Pricing Data (defective pricing).
While she is an accomplished litigator with significant Contract Disputes Act experience, Nicole’s main strength lies in her ability to combine thoughtful legal analysis with real-world practical advice. Nicole is focused on efficiency, extremely responsive, and brings an aggressive but practical, “big picture” approach to solving her clients’ problems and resolving disputes. Clients have commended Nicole for her client-oriented style and sensitivity to business priorities, including “seeing beyond our immediate needs to help us address issues before they become risks or concerns,” and for her ability to “combine scholarly legal analysis with such practical, solution-focused insight.” As such, clients routinely turn to Nicole to resolve DCAA and DCMA audit findings and cost accounting/pricing and data rights disputes (pre- and post-contracting officer’s final decision), and when faced with high-stakes, bet-the-company compliance matters and litigation.
In addition to her cost accounting and data rights expertise, her practice includes claims, False Claims Act investigations and litigation, and other compliance matters. Nicole also regularly speaks at government and industry events around the country, and provides on-site training to legal and executive teams on a range of topics.
Recent Representative Matters
- Ongoing representation of multiple contractors in appeals before the Armed Services Board of Contract Appeals (ASBCA) involving government claims for alleged non-compliance with the Cost Accounting Standards (including CAS 401, 402, 403, 418, and 420, and collectively seeking over $2 billion).
- Ongoing representation of several defense contractors in connection with pension segment closing adjustments under CAS 413.
- Ongoing representation of multiple defense contractors in pre- and post-COFD claims involving allowability of costs under FAR Part 31, and in connection with pre-COFD CAS disputes.
- Ongoing representation of multiple defense contractors before the ASBCA in disputes regarding the government's rights in contractor technical data and computer software.
- Successful, zero-dollar resolution of a pre-COFD $52 million government claim under a special “price reopener” clause.
- Successfully represented major defense contractor in ASBCA appeal of $24 million government defective pricing claim.
- Successfully represented major defense contractor in ASBCA appeal of alleged violation of CAS 414.
- Successful resolution of contracting officer final determinations asserting violations of CAS 410 and CAS 418 against a major defense contractor.
- Obtained dismissal of government claim for executive compensation costs in Appeals of J.F. Taylor, Inc., ASBCA No. 56105, 56322, in which the Board found the DCAA executive compensation review method fatally flawed statistically, and denied the government’s motion for reconsideration. Since the decision, Nicole has successfully resolved numerous executive compensation claims pre- and post-contracting officer’s final decision without litigation.
- Obtained pre-discovery summary judgment for Sparton DeLeon Springs based on the Contract Disputes Act’s statute of limitations in an appeal before the ASBCA (No. 60416) of a government claim demanding repayment of direct costs (ASBCA No. 60416). The Board rejected the Government’s argument that its right to audit under the Allowable Cost and Payment clause effectively tolls the CDA’s six-year statute of limitations, and denied the government's motion for reconsideration.
Recognition
- Listed by Chambers USA as one of “Americas Leading Lawyers for Business” in Government Contracts (2014-2020), particularly recognized for her skills in the area of cost accounting, and “Americas Leading Lawyers for Business - Up and Coming” (2011-2013)
- Acritas Star, Acritas Stars Independently Rated Lawyers (2019)
- Named by The Legal 500 US as a “recommended lawyer” in Government Contracts (2015-2017)
Affiliations
Admitted to practice: District of Columbia, Washington, U.S. Courts of Appeals for the Ninth and Federal Circuits, U.S. District Court for the Western District of Washington, U.S. Court of Federal Claims
Professional Activities and Memberships
American Bar Association (ABA), Section of Public Contract Law
- Section Nominating Committee (2016-2017)
- Publications Board (2016-2019)
- Former Co-Chair (2008-2012), Vice-Chair (2012-Present), Accounting, Cost and Pricing Committee
- Former Co-Chair (2013-2016), Vice-Chair (Present), Research & Development and Intellectual Property Committee
- Member, Commercial Products and Services Committee
- Editor-in-Chief (2011-2019), Senior Editor (2010-2011) and Associate Editor (2007-2010), The Procurement Lawyer
- Co-Chair, San Francisco Annual Program (2013)
American Bar Association, Litigation Section
Federal Circuit Bar Association
- Vice Chair, Government Contracts and Construction Law Committee
National Defense Industrial Association (NDIA), Procurement Division
- Contract Finance Committee
U.S. Chamber of Commerce, Procurement Council (2013-Present)
Speeches & Presentations
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"The Government Contract Intellectual Property Workshop," Federal Publication Seminar
(February 2-3, 2021).
Faculty Member: Nicole Owren-Wiest.
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"Government Contracts and the Biden Administration’s Priorities: Significant Changes Ahead?" Crowell & Moring Webinar
(January 14, 2021).
Presenters: Jonathan M. Baker, Robert A. Burton, Adelicia R. Cliffe, Kate M. Growley, Stephen J. McBrady, Nicole Owren-Wiest, Preston L. Pugh, Rebecca L. Springer, Craig Barrett, Paul Freeman, and Eric M. Ransom.
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"Cost and Pricing Trends - What's New with Oversight at DCAA and DCMA", 25th Annual Government Contracting Virtual Conference
(October 27, 2020).
Presenter: Nicole Owren-Wiest.
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"Accounting, Cost, and Pricing," OOPS 20/20 - Setting Your Sights
(October 20, 2020).
Presenters: Nicole Owren-Wiest, Skye Mathieson, Catherine O. Shames, and Sean K. Griffin.
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"Costs and Pricing: No Contract is Really Final," Government Contracts "101" - Back to Basics Webinar
(September 23, 2020).
Presenters: Nicole Owren-Wiest, Skye Mathieson, and Charles Baek.
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"COVID-19 Claims and Requests for Equitable Adjustment Q&A Webinar — 'Tick Tock – Submitting COVID-19 Related Claims and REAs as the Government Fiscal Year Draws to a Close'" Crowell & Moring Webinar
(September 17, 2020).
Presenters: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, and Michelle D. Coleman.
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"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar
(January 29, 2020).
Presenters: Crowell & Moring Government Contracts Group.
Publications
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"7 Ways COVID-19 Product Makers Can Mitigate IP Infringement," Law360
(April 7, 2020).
Authors: Mark Supko, Kathryn L. Clune, Brian Paul Gearing, Ph.D, John E. McCarthy, Jr. and Nicole Owren-Wiest.
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"Government Contracts – Government and Industry Tensions Around Intellectual Property," Crowell & Moring's Litigation Forecast 2020
(January 22, 2020).
Contributor: Nicole Owren-Wiest.
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"Is A Federal Shutdown Your Next Holiday Surprise?" Law360
(December 20, 2018).
Authors: J. Chris Haile, Rebecca L. Springer, Robert A. Burton, Nicole Owren-Wiest, Peter Eyre, Stephen J. McBrady, and Trina Fairley Barlow.
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"Government Contract Costs, Pricing & Accounting Report," 2016 Thompson Reuters
(November 1, 2016).
Author: Nicole Owren-Wiest.
Client Alerts & Newsletters
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""A Claim By Any Other Name": Jurisdiction Over Certified Supplement to Termination Proposal,"
Government Contracts Bullet Points
(February 23, 2021).
Contacts: Nicole Owren-Wiest, Skye Mathieson, Alexandra Barbee-Garrett, Catherine O. Shames
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"National Defense Authorization Act for Fiscal Year 2021: Need-to-Know Provisions for Government Contractors,"
Government Contracts Bullet Points
(January 12, 2021).
Contacts: Charles Baek, Jonathan M. Baker, Adelicia R. Cliffe, Stephanie L. Crawford, Peter Eyre, Christopher D. Garcia, Kate M. Growley, CIPP/G, CIPP/US, Michael G. Gruden, CIPP/G, J. Chris Haile, Olivia Lynch, Nicole Owren-Wiest, Michael E. Samuels
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"Section 3610 of the CARES Act Extended Until March 31, 2021,"
Government Contracts Bullet Points
(December 30, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman, Skye Mathieson, John Nakoneczny
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"Contractors May Include Third-Party Restrictive Markings on Unlimited Rights Data,"
Government Contracts Bullet Points
(December 23, 2020).
Contacts: Jonathan M. Baker, John E. McCarthy Jr., Nicole Owren-Wiest, M. Yuan Zhou, Christopher D. Garcia
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"Making a List, Checking it Twice: OIG Report Details Contractor Payments Under Section 3610 of the CARES Act,"
Government Contracts Bullet Points
(December 16, 2020).
Contacts: Peter Eyre, Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Brian Tully McLaughlin, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
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"Poof There it Is: Court Invokes the Constructive Termination for Convenience Doctrine for the Government,"
Government Contracts Bullet Points
(November 18, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman, Skye Mathieson
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"ASBCA's FY2020 Report – A Look at the Numbers,"
Government Contracts Bullet Points
(November 10, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek
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"Trick or Treat: DCMA Poised to Take on New Role in "Helping" to Resolve TINA Disputes,"
Government Contracts Bullet Points
(October 26, 2020).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Nicole Owren-Wiest, Charles Baek, Skye Mathieson
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"“Show Us the Money (Trail)”: Estimated Subcontract Costs Disallowed for Lack of Proof,"
Government Contracts Bullet Points
(September 2, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Sean K. Griffin
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"Fastest 5 Minutes: Section 3610 News and Regulatory Developments (August 26),"
Podcast: Fastest 5 Minutes in Government Contracts
(August 26, 2020).
Contacts: Peter Eyre, Nicole Owren-Wiest
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"Stop in the Name of Fraud?: After-the-Fact Fraud Allegation Does Not Divest ASBCA of Jurisdiction,"
Government Contracts Bullet Points
(August 21, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman, Skye Mathieson, John Nakoneczny
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"New DoD Guidance Clarifies, and Restricts, Recovery under § 3610,"
Government Contracts Bullet Points
(August 20, 2020).
Contacts: Nicole Owren-Wiest, J. Chris Haile, Skye Mathieson, Alexandra Barbee-Garrett
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"Federal Circuit Affirms Jurisdiction Over Claim Challenging Legality of FAR Provision,"
Government Contracts Bullet Points
(August 12, 2020).
Contacts: Nicole Owren-Wiest, Alan W. H. Gourley, Skye Mathieson, Sean K. Griffin
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"Independent Public Accountants,"
Government Contracts Bullet Points
(August 5, 2020).
Contact: Nicole Owren-Wiest
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"Does CAS Make Sense?,"
Government Contracts Bullet Points
(June 22, 2020).
Contact: Nicole Owren-Wiest
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"DPC Issues Section 3610 Draft Reimbursement Guidance,"
Government Contracts Bullet Points
(May 19, 2020).
Contacts: Peter Eyre, Stephen J. McBrady, Nicole Owren-Wiest, Gail D. Zirkelbach
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"Updated Section 3610 Guidance,"
Government Contracts Bullet Points
(May 1, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Michelle D. Coleman, Skye Mathieson, Charles Baek
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"Section 3610 Billing Guidance,"
Government Contracts Bullet Points
(April 13, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Gail D. Zirkelbach
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"DoD Issues Class Deviation Regarding Implementation of Section 3610 of the CARES Act,"
Government Contracts Bullet Points
(April 10, 2020).
Contacts: Nicole Owren-Wiest, J. Chris Haile, Stephen J. McBrady, Nkechi Kanu, Skye Mathieson, Charles Baek
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"Silence = Acquiescence: Government Stuck with Contractor’s Interpretation that was Provided with its Proposal,"
Government Contracts Bullet Points
(March 18, 2020).
Contacts: Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Catherine O. Shames
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"Contractor Recovers Increased Costs from a Collective Bargaining Agreement Executed After an Option Period is Exercised,"
Government Contracts Bullet Points
(March 4, 2020).
Contacts: Nicole Owren-Wiest, Trina Fairley Barlow, Michelle D. Coleman
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"Double Take: The DoD OIG Recommends Attempting to Recoup $43 Million in Purportedly Expressly Unallowable Costs Not Previously Disallowed,"
Government Contracts Bullet Points
(February 13, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek, Catherine O. Shames
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"Application of the Spearin Doctrine Entitles Contractor to Recover FCA Litigation Costs,"
Government Contracts Bullet Points
(February 7, 2020).
Contacts: Stephen J. McBrady, J. Chris Haile, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
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"Protecting Work Product: When the Threat of Litigation Is Too Remote for Privilege,"
Government Contracts Bullet Points
(February 6, 2020).
Contacts: Nicole Owren-Wiest, Stephen M. Byers, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
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"FY 2020 NDAA,"
Government Contracts Bullet Points
(January 16, 2020).
Contacts: Adelicia R. Cliffe, Peter Eyre, John E. McCarthy Jr., Nicole Owren-Wiest, Payal Nanavati
Media Mentions
Firm News & Announcements