ABA Section of Public Contract Law
Accounting, Costs and Pricing Committee
AGENDA
January 08, 2002 Meeting
January 8, 2002 Meeting of the Accounting, Cost &
Pricing Committee
The date, time, and location of the next regular
meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date:
Tuesday, January 8, 2002
Time: 12 noon
Location:
Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court
Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center. Exit at F
& 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block
to the building entrance on 12th & E Streets. Please go through the glass
doors and up the escalator to the second floor receptionist. There will be
a charge of $6 to defray the cost of lunch. If you will attend, please call
Patricia Zollarcoffer at 202/383-7168 (or reply by e-mail to
zollarcofferp@howrey.com) by the close of business Friday, January 4, 2002.
A copy of the preliminary Agenda for the meeting is attached.
ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee
AGENDA
January 8, 2002 Meeting
I. Informational Items
A. Pyrotechnic Specialties Inc., ASBCA No. 53469 (Dec. 3, 2001)
(denying motion to dismiss appeal of contractor's request for equitable
adjustment because recovery of contractor's claimed costs is not dependent
on default termination being set aside).
B. FAR, Final Rule, Contractor Responsibility, Labor
Relations Costs,
and Costs Relating to Legal and Other Proceedings (termination of stay of
final rule), 66 Fed. Reg. 66984 (Dec. 27, 2001).
C. FAR, Final Rule, Contractor Responsibility, Labor
Relations Costs,
and Costs Relating to Legal and Other Proceedings - Revocation, 66 Fed. Reg.
66986 (Dec. 27, 2001).
D. FAR, Final Rule, Definition of Subcontract in FAR
Subpart 15.4, 66
Fed. Reg. 65369 (Dec. 18, 2001).
E. FAR, Federal Acquisition Circular 2001-02 (including
Prompt Payment
and Recovery of Overpayments), 66 Fed. Reg. 65348 (Dec. 18, 2001).
II. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
A. Employee Stock Ownership Plans (ESOP)
A. CAS Streamlining
III. Regulatory Developments
IV. Legislative Developments
A. Pub. L. 101-___, National Defense Authorization Act
for Fiscal Year
2002 (signed Dec. 28, 2001).
V. Other
Next AC&P Committee Meeting -
Tuesday, February 12, 2002,
Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004. AGENDA
February 12, 2002 Meeting
Time: 12 noon
Location: Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center. Exit at
F & 12th Streets ("Metro Sales Office"), and walk down the sidewalk one
block to the building entrance on 12th & E Streets. Please go
through the
glass doors and up the escalator to the second floor receptionist. There
will be a charge of $6 to defray the cost of lunch. If you will attend,
please call Patricia Zollarcoffer at 202/383-7168, or reply by
e-mail to zollarcofferp@howrey.com,
by the close of business Friday, February 8, 2002.
AGENDA
February 12, 2002 Meeting
I. Informational Items
A. United States ex rel. Mikes v. Straus, 274 F.3d 687
(2d. Cir. 2001)
(False Claims Act "does not encompass those instances of regulatory
noncompliance that are irrelevant" to government's decision to pay claim).
B. United States ex rel. Dunleavy v. County of
Delaware, No. 00-3961
(3d Cir. Jan. 29, 2002) (local government is not subject to False Claims Act
qui tam suit).
C. United States ex rel. Chandler v. Cook, Nos. 00-4110
& 01-1810 (7th
Cir. Jan. 22, 2002) (county, as municipality, is subject to False Claims Act
qui tam suit).
D. United States ex rel. Garibaldi v. Orleans Parish
School Board, 244
F.3d 486 (5th Cir. 2001) (local government is not subject to suit under the
False Claims Act).
E. Nicon Inc. v. United States, No. 99-982C (Fed. Cl.
Dec. 21, 2001)
(construction contractor not entitled to any unabsorbed overhead under the
Eichleay formula for period between contract award and termination 10 months
later even though contractor was required to remain on standby).
F. Director, Defense Procurement, Guidance Paper: Changes in Cost
Accounting Practice (Jan. 17, 2002).
G. DCAA, Audit Guidance on Cost Accounting Standards
(CAS) Cost Impact
- Unilateral Changes in Cost Accounting Practice and Noncompliance with CAS
and Disclosed Practices (Jan. 9, 2002).
H. Under Secretary of Defense (Acquisition &
Technology) Letter to
National Defense Industrial Association re: Allowability of Employee Leave
Donations (Jan. 28, 2002).
I. Section's Comments on Proposed Rule: Transactions Other Than
Contracts, Grants, or Cooperative Agreements for Prototype Projects (32
C.F.R. Part 3), 66 Fed. Reg. 58422 (Jan. 22, 2002).
II. CAS Board Developments
A. Announcement of Industry Representative
B. Post-Retirement Benefits Other than Pension (PRB)
A. Employee Stock Ownership Plans (ESOP)
III. Regulatory Developments
A. NASA, Proposed Rule, Non-Commercial Representations and
Certifications and Evaluation Provisions for Use in Simplified Acquisitions,
67 Fed. Reg. 3669 (Jan. 25, 2002) [comments due to Council Mar. 12, 2002].
B. SBA, Interim Rule, Inflation Adjustment to Size
Standards, 67 Fed.
Reg. 3041 (Jan. 23, 2002) [comments due to Council Feb. 8, 2002].
IV. Legislative Developments
A. H.R. _________, Services Acquisition Reform Act
(introduced Jan. __,
2002).
B. Rod Mateer: œ 1438 of the National Defense
Authorization Act for
Fiscal Year 2002 (interest penalties for service contracts).
V. Other
PLEASE NOTE - Our March meeting will
be held in conjunction
with the Section's 8th Annual Procurement Institute and Midyear Council
Meeting, on Thursday, February 28, 2002, 5:15 - 6:30 p.m., Loews Annapolis
Hotel, 126 West Street, Annapolis, Maryland 21401 (410-263-7777).
AGENDA
February 28, 2002 Meeting
FROM: Karen L. Manos, Co-Chair
Robert A. Burton, Co-Chair
Accounting, Cost & Pricing Committee
RE: February 28, 2002 Meeting of the Accounting, Cost & Pricing
Committee
The date, time, and location of the next regular meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date: Thursday, February 28, 2002
Time: 5:15 p.m. - 6:30 p.m.
Location: Loews Annapolis Hotel
126 West Street
Annapolis, Maryland 21401
(410-263-7777)
Please note the change in date, time and location for our
"March" meeting, which will be held in conjunction with the
Section's 8th Annual Procurement Institute and Midyear Council
Meeting. If you will attend, please call Patricia Zollarcoffer at
202/383-7168 (or reply by e-mail to
zollarcofferp@howrey.com)
by the close of business Wednesday, February 27, 2002.
A copy of the preliminary Agenda for the meeting is attached. AGENDA
February 28, 2002 Meeting
I. Informational Items
A. United States ex rel. Holmes v. Consumer Insurance Group, No.
01-1077 (10th Cir. Feb. 19, 2002) (joining the existing split between the
1st and 11th Circuits, the 10th Circuit holds that a government employee who
is part of an ongoing investigation of fraud is barred from pursuing a qui
tam suit under the False Claims Act based on those allegation). B. Dookeran v. Mercy Hospital of Pittsburgh, No. 01-1246 (3rd Cir. Feb.
13, 2002) (doctor's activity in exposing allegedly false statements in grant
application was not protected under False Claims Act's whistleblower
retaliation provision because a grant application not a "claim"). C. United States ex rel. Quirk v. Madonna Towers, Inc., No. 00-4056
(8th Cir. Feb. 4, 2002) (nursing home's failure to obtain a legal opinion
concerning its billing practices, without more, is not the type of
deliberate ignorance that can form the basis for a False Claims Act suit). D. Sociotechnical Research Applications, Inc. v. EPA, No. 01-1232 (Fed.
Cir. Jan. 30, 2002) (where contract contains a clause requiring the
government to order a specified number of direct labor hours and the
Limitation of Funds clause, and the government fails to either fully fund
the contract or order the required direct labor hours, contractor is
entitled to be paid all of the funds actually allotted to the contract). E. Thermalon Industries, Ltd., No. 94-1078C (Fed. Cl. Jan. 16, 2002)
(holding that FAR cost principles did not preclude subchapter S corporation
from claiming employee's salary as an allowable expense, because promissory
notes qualifying as deferred compensation need not actually be paid in the
year that the obligation accrued; contractor's failure to prove that a cost
is not allowable does not render automatic the government's recovery of the
same amount pleaded in its counterclaim, because government still bears
burden of providing the cost is unallowable and recoverable by the
government). F. Hubsch Industrieanlagen Spezialbau GmbH, ASBCA No. 51937 (Feb. 1,
2002) (denying government's motion to dismiss claim for expenses incurred by
receiver in bankruptcy, including legal fees). G. FAR, Final Rule, Final Contract Voucher Submission, 67 Fed. Reg.
6118 (Feb. 8, 2002). H. FAR, Final Rule, Notification of Noncompliance with Cost Accounting
Standards, 67 Fed. Reg. 6115 (Feb. 8, 2002). I. Director, Defense Procurement Memorandum: Contractor Costs -
Donation of Employee Unused Leave (Feb. 11, 2002). J. Discussion Item: Should the Section comment on the Director, Defense
Procurement's January 17, 2002 Guidance Paper on Changes in Cost Accounting
Practice?
II. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
A. Employee Stock Ownership Plans (ESOP)
I. Regulatory Developments
A.
III. Legislative Developments
A. Status of H.R. _________, Services Acquisition Reform Act (scheduled
to be introduced on Feb. 26, 2002, with first hearing on Mar. 7, 2002). IV. Other
Next AC&P Committee Meeting - Tuesday, April 9,
2002, Howrey
Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C.
20004.
AGENDA
April 9, 2002 Meeting
April 9, 2002 Meeting of the Accounting, Cost & Pricing
Committee
The date, time, and location of the next regular meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date:Tuesday, April 9, 2002
Time:12 noon
Location:Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro
Center. Exit at F & 12th Streets ("Metro Sales Office"),
and walk down the sidewalk one block to the building
entrance on 12th & E Streets. Please go through the glass
doors and up the escalator to the second floor receptionist.
There will be a charge of $6 to defray the cost of lunch.
If you will attend, please call Patricia Zollarcoffer at
202/383-7168 (or reply by e-mail to zollarcofferp@howrey.
com) by the close of business Friday, April 5, 2002.
A copy of the preliminary Agenda for the meeting is attached.
AGENDA
April 9, 2002 Meeting
I.Informational Items
A.Boeing North American v. Roche, No. 01-1011 (Fed. Cir.
Mar. 15, 2002) (holding that the ASBCA "committed legal
error in determining that the allowability of Rockwell's
legal defense costs based on whether the costs conferred a
'benefit [on] the Government' and based on a 'but for'
standard that looked solely to the fact that admitted
misconduct by Rockwell formed the basis for the complaint";
but applying FAR 31.204(c) and 31.205-47(c)(2) - as a
"related" principle - vacates and remands to ASBCA with
instructions to allow the costs only if it determines that
plaintiffs in the shareholders derivative suit had "very
little likelihood" of success).
B.Secretary of the Army v. Delta Constr. Int'l, No. 01-1253
(Fed. Cir. Mar. 12, 2002) (when government breaches an ID/IQ
contract, contractor is entitled to recover only the amount
it lost as a result of the breach, not the difference
between the minimum guarantee and the government's actual
orders).
C.The Hunt Constr. Group, Inc. v. United States, No. 01-5961
(Fed. Cir. Mar. 1, 2002) (holding that special notice
instructing contractor to seek sales & use tax exemptions
where applicable did not create ambiguity with FAR 52.229-3,
and government had no obligation to inform Hunt that another
bidder also mistakenly assumed that state sales & use taxes
were not applicable).
D.Hughes Aircraft Co. v. County of Orange, No. E029745 (Cal.
App. 4th Feb. 26, 2002) (contractor not subject to Orange
County ad valorem tax on overhead equipment expensed under
DoD cost-reimbursement and fixed-priced contracts because
government acquired title at time payments were made).
E.The Boeing Co., ASBCA No. 52256 (Mar. 11, 2002) (holding
that release of claims does not bar reformation of cost
reimbursement contract to include facilities capital cost of
money that was mistakenly omitted from bilateral contract
modification).
F.All-State Constr. Inc., ASBCA No. 50586 (Feb. 21, 2002)
(government's withholding of 38% of earned progress payments
for liquidated damages was a material breach excusing
contractor from further performance).
G.DK&R Co., ASBCA No. 53451 (Feb. 19, 2002) (CO's final
decision with offer to discuss the matter, which was
followed by further negotiations, was not truly "final" and
did not start running of the 90-day appeal period).
H.Hermes Consolidated, Inc. d/b/a Wyoming Ref. Co., ASBCA
No. 52308 (Feb. 15, 2002) (contractor not entitled to
difference between original minimum guarantees and actual
amounts government ordered under two ID/IQ contracts where
government partially terminated the contracts for
convenience eight days before the contracts expired to
reduce the quantities required).
I.Lockheed Martin Systems Integration - Owego - Costs,
B-287190.5 (Mar. 20, 2002) (protester not entitled to
reimbursement of costs of responding to market research
because costs were direct selling expenses under FAR
31.205-38(c) rather than bid & proposal costs under
31.205-18).
J."GSA Suspends Enron, Arthur Andersen, Former Officials from New
Government Work," Federal Contracts Report (Mar. 19, 2002).
II.CAS Board Developments
A.Post-Retirement Benefits Other than Pension (PRB) A.Employee Stock
Ownership Plans (ESOP)
III.Regulatory Developments
A.FAR, Proposed Rule, Miscellaneous Cost Principles, 67 Fed.
Reg. 13072 (Mar. 20, 2002) [comments due to Council May 6,
2002].
IV.Legislative Developments
A.H.R. 3832, Services Acquisition Reform Act (introduced
Mar. 4, 2002).
V.Other
A.Presentation by Greg Bingham re: Quantifying Claims for Changed
Work, Delay & Disruption.
B.Next AC&P Committee Meeting - Tuesday, May 14,2002
Howrey Simon Arnold & White, LLP,
1299 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004.
AGENDA
June 11, 2002 Meeting
The date, time, and location of the next regular meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date: Tuesday, June 11, 2002
Time: 12 noon
Location: Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center.
Exit at F & 12th Streets ("Metro Sales Office"), and walk down
the sidewalk one block to the building entrance on 12th & E
Streets. Please go through the glass doors and up the escalator
to the second floor receptionist.
There will be a charge of $6 to defray the cost of lunch. If you
will attend, please callPatricia Zollarcoffer at 202/383-7168 (or
reply by e-mail to zollarcofferp@howrey.com) by the close of business Friday, June 7, 2002.
A copy of the preliminary Agenda for the meeting is attached. ABA
Section of Public Contract Law Accounting, Cost & Pricing
Committee
AGENDA
June 11, 2002 Meeting
I. Informational Items
A. Aerojet Solid Propulsion Co. v. White, No. 01-1140 (Fed.
Cir. May 29, 2002) (affirming COFC holding that Aerojet violated
TINA by failing to disclose existence of sealed bids in bid box).
B. United States v. Safe Environment Corp., No. 00-C-3509
(N.D. Ill. May 10, 2002) (employee who participated in kickback
scheme by issuing check to company that he knew had performed no
services in relation to the contract was not liable under the
False Claims Ac because although he "may have played some role in
the underlying fraud," there was no evidence he was involved in
submitting a false claim to the government).
C. United States ex rel. Brown v. Merant, Inc., No. 99-6481
(E.D. Pa. Mar. 29, 2002) (GSA schedule contractor did not violate
the False Claims Act when it failed to disclose a commercial
pricing practice in which it discounted the pricing of its
software, but added the cost of the discounts to the price of
services provided under the same contract because the total
dollar amount those customers paid was unchanged by the
undisclosed "discount").
D. International Science & Tech. Inst., Inc. v. United
States, No. 96-251C (Fed. Cl. May 17, 2002) (contractor not
entitled to reimbursement of retroactively incurred indirect
costs because it failed to give notice under the contract's
limitation of funds and limitation of costs clauses).
E. Moshman Assocs., Inc., ASBCA No. 52868 (May 6, 2002)
(contractor entitled to reimbursement for costs in excess of
limitation of funds clause amount notwithstanding failure to give
notice because it could not reasonably have anticipated the cost
overrun, which was caused after the contract period by an
unexpected increase in indirect rates).
F. Caddell Constr. Co., Inc., ASBCA No. 53144 (May 1, 2002)
(FAR 31.201-2(c) does not authorize construction contractor to
use more than one allocation base for allocating job site
overhead).
G. Georgia Power Co.; Savannah Elec. Power Co. - Costs,
B-289211.5 & B-289211.6 (May 2, 2002) (unlike COFC, GAO does not
follow Supreme Court's decision Buckhannon Bd. and Care Home Inc.
v. West Virginia Dep't of Health & Human Resources in awarding
attorney's fees where agency takes corrective action that results
in dismissal of protest).
II. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
B. Employee Stock Ownership Plans (ESOP)
III. Regulatory Developments
A. FAR, Proposed Rule, Training and Education Cost
Principle, 67 Fed. Reg. 34810 (May 15, 2002) [comments due to
Council July 1, 2002].
IV. Legislative Developments A. S. 2530, Introduced May
16, 2002 to amend the Inspector General Act of 1978 by
establishing police powers for certain IG agents engaged in
official duties and to provide oversight mechanism (approved by
Senate Governmental Affairs Committee on May 22).
V. Other
Next AC&P Committee Meeting - Tuesday, July 9, 2002, Howrey Simon
Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington,
D.C. 20004.
AGENDA
August 11, 2002 Meeting
The date, time, and location of the next meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date: Sunday, August 11, 2002
Time: 2:30 - 4:00 p.m.
Location: Renaissance Mayflower
Chinese Room, Promenade Level
1127 Connecticut Avenue, N.W.
Washington, D.C. 20036
202/347-3000
If you will attend, please call Patricia Zollarcoffer at 202/383-7168 (or
reply by e-mail to zollarcofferp@howrey.com)
by the close of business Thursday, August 8, 2002.
A copy of the preliminary Agenda for the meeting follows. AGENDA
August 11, 2002 Meeting
I. Informational Items
A. Boeing North American v. Roche, No. 01-1011 (Fed. Cir. July 29,
2002) (CAFC reissues slightly revised decision en banc).
B. Union Pacific Railroad Corp. v. United States, No. 01-490C (Fed. Cl.
June 28, 2002) (dismissing complaint because indemnity agreement is
open-ended and therefore unenforceable under the Anti-Deficiency Act).
C. Information Systems & Networks Corp., ASBCA No. 46119 (July 10,
2002) (contractor entitled to recover lost vendor volume discounts, lease
expenses, and increased markup on equipment in settlement of partial
termination for convenience, notwithstanding delivery order price, which did
not include unpriced changes and modifications).
D. Lockheed Martin Corp. d/b/a Sanders, ASBCA Nos. 50566 et al. (July
2, 2002) (contract was defectively priced where contractor failed to
disclose engineering advance that would reduce number of maintenance aid
boards required to test the operation of an interface adapter).
E. General Dynamics Corp., ASBCA No. 49372 (June 10, 2002) (contractor
entitled to recover portion of legal fees allocable to fraud claims on which
the contractor was vindicated even though contractor settled minor claim
remanded because of a legal error; and because the legal costs were the
subject of an ongoing "serious and reasonable" dispute and the contractor
openly included them in its indirect cost proposal, the government failed to
meet its burden of proving that the imposition of a penalty was
appropriate).
F. FAR, Final Rule, Relocation Costs, 67 Fed. Reg. 43516 (June 27,
2002).
G. FAR, Final Rule, Definition of "Claim" and Terms Relating to
Termination, 67 Fed. Reg. 43513 (June 27, 2002), and Correction, 67 Fed.
Reg. 47635 (July 19, 2002).
H. FAR, Amendment of Proposed Rule, Training and Education Cost
Principle, 67 Fed. Reg. 40136 (June 11, 2002).
I. DCAA Audit Guidance on Procedures for Developing Unilateral
Recommendations for Contracting Officers (June 17, 2002).
J. DCAA Audit Guidance on Documentation Requirements Under FAR
31.205-33(f) (May 9, 2002).
K. DDP Guidance on Contract Payment (June 11, 2002).
I. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
A. Employee Stock Ownership Plans (ESOP)
B. CAS Streamlining?
I. Regulatory Developments
A.
I. Legislative Developments
A. H.R. 5005, Homeland Security Act of 2002.
I. Other
Next AC&P Committee Meeting - Tuesday, September 10, 2002,
Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004.
AGENDA
September 10, 2002 Meeting
The date, time, and location of the next regular meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date: Tuesday, September 10, 2002
Time: 12 noon
Location: Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center. Exit at F
& 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block
to the building entrance on 12th & E Streets. Please go through the glass
doors and up the escalator to the second floor receptionist. There will be
a charge of $6 to defray the cost of lunch. If you will attend, please call
Patricia Zollarcoffer at 202/383-7168 (or reply by e-mail to
zollarcofferp@howrey.com)
by the close of business Friday, September 6,
2002.
ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee
AGENDA
September 10, 2002 Meeting
I. Informational Items
A. Core Concepts of Florida, Inc. v. United States, No. 00-308C (Fed.
Cl. Aug. 23, 2002) (holding that because UNICOR is a non-appropriated fund
instrumentality, its contracts are not subject to Tucker Act jurisdiction)
B. Community Consulting Int'l, ASBCA No. 53489 (Aug. 2, 2002)
(government may be liable for breach of its obligation to allow multiple
awardees a fair opportunity to compete for task orders under ID/IQ contract
even if it orders more than the guaranteed minimum).
C. Midwest Properties, LLC v. General Services Administration, GSBCA
Nos. 15822, 15844 (Aug. 1, 2002) (government demand for payment of
liquidated damages is an appealable final decision even if letter does not
say it is a "final decision").
D. TRW, Inc., ASBCA No. 51530 (July 30, 2002) (costs incurred in
preparing proposal under teaming agreement are not allowable bid and
proposal costs under FAR 31.205-18).
E. DFARS, Final Rule, Transactions Other Than Contracts, Grants, or
Cooperative Agreements, 67 Fed. Reg. 54955 (Aug. 27, 2002).
I. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
A. Employee Stock Ownership Plans (ESOP)
B. CAS Streamlining?
I. Regulatory Developments
A. FAR, Proposed Rule, Economic Planning, Employee Morale, and Travel
Cost Principles, 67 Fed. Reg. 55685 (Aug. 29, 2002) [comments due to Council
Oct. 14, 2002]
B. FAR, Proposed Rule, Selling Cost Principle, 67 Fed. Reg. 55681(Aug.
29, 2002) [comments due to Council Oct. 14, 2002]
C. FAR, Proposed Rule, Notification of Overpayment, Contract Financing
Payments, 67 Fed. Reg. 55675 (Aug. 29, 2002) [comments due to Council Oct.
14, 2002]
I. Legislative Developments
A.
I. Other
Next AC&P Committee Meeting - Tuesday, October 8, 2002,
Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004.
AGENDA
October 8, 2002 Meeting
The date, time, and location of the next regular meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date: Tuesday, October 8, 2002
Time: 12 noon
Location: Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center. Exit at F
& 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block
to the building entrance on 12th & E Streets. Please go through the glass
doors and up the escalator to the second floor receptionist. There will be
a charge of $6 to defray the cost of lunch. If you will attend, please call
Marion Kovach at 202/383-7035 (or reply by e-mail to kovachm@howrey.com) by
the close of business Friday, October 4, 2002.
ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee
AGENDA
October 8, 2002 Meeting
I. Guest Speaker
Cost Accounting Standards Board Member Tony
DiPasquale has been invited to speak at our October meeting.
I. Informational Items
A. Lockheed Martin Corp. v. United States, No. 02-5042 (Fed. Cir. Sep.
30, 2002) (affirming COFC dismissal of subcontractor's suit for lack of
subject matter jurisdiction).
B. Raytheon Co. v. Secretary of the Army, No. 01-1350 (Fed. Cir. Sep.
24, 2002) (holding that although contractor is entitled to Contract Disputes
Act interest on prospective costs, ASBCA decision did not establish an
amount "found due" but, instead, focused on determining the correct
theoretical "estimate to complete" cost).
C. Pacrim Pizza Co. v. Secretary of the Navy, No. 00-1534 (Fed. Cir.
Sep. 23, 2002) (Contract Disputes Act does not grant jurisdiction over
appeal under contract with Morale, Welfare & Recreation entity even though
contract included Disputes clause)
D. United States ex rel. Becker v. Westinghouse Savannah River Co., No.
01-2452 (4th Cir. Sep. 27, 2002) (holding "that the government's knowledge
of the facts underlying an allegedly false record or statement can negate
the scienter required for an FCA violation").
E. United States ex rel. Roby v. The Boeing Co., No. 00-4157 (6th Cir.
Sep. 12, 2002) (contract's High-Value Items Clause does not protect
contractor against FCA damages for helicopter lost due to defective
transmission gear).
F. R&W Glammann GmbH v. United States, No. 02-800C (Fed. Cl. Aug. 28,
2002) (sustaining protest where Army's release of incumbent contractor's
unit prices for unexercised option years in response to competitor's FOIA
request created appearance of an impropriety).
G. DDP Memorandum, Purpose and Applicability of Guidance Issued by
Director, Defense Procurement (Sep. 10, 2002).
I. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
A. Employee Stock Ownership Plans (ESOP)
B. CAS Streamlining?
I. Regulatory Developments
A. FAR, Advanced Notice of Proposed Rulemaking, Contract Closeout, 67
Fed. Reg. 59799 (Sep. 24, 2002) [comments due to Council by Nov. 11, 2002].
B. FEHB, Proposed Rule, Revision of Contract Cost Principles and
Procedures, and Miscellaneous Changes, 67 Fed. Reg. ______ (Advance Copy).
I. Legislative Developments
A.
I. Other
Next AC&P Committee Meeting - Tuesday, November 12, 2002,
Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004.
