Federal Circuit Reverses COFC Decision Dismissing Claim Challenging the Legality of the FAR’s Cost Accounting Regulations

The US Court of Appeals for the Federal Circuit, in The Boeing Co. v. United States, No. 2019-2148 (Aug. 10, 2020), recently reversed the US Court of Federal Claims’ decision dismissing a contractor’s challenge to Federal Acquisition Regulation’s provisions that limit a contractor’s ability to offset cost impacts stemming from multiple cost accounting practice changes.

Please click here to read our analysis on this decision.

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Thomas Lemmer

About Thomas Lemmer

Thomas A. Lemmer routinely counsels and litigates for clients on US federal contract formation, contract administration and dispute resolution. Tom also counsels clients on global procurement issues, with the assistance of Dentons’ offices worldwide, including employment issues, how to do business in a given country, how to do business with the US government and risk assessments.

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Thomas Lemmer

About Thomas Lemmer

Thomas A. Lemmer routinely counsels and litigates for clients on US federal contract formation, contract administration and dispute resolution. Tom also counsels clients on global procurement issues, with the assistance of Dentons’ offices worldwide, including employment issues, how to do business in a given country, how to do business with the US government and risk assessments.

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Steven Masiello

About Steven Masiello

Steven M. Masiello is the chair of the US Government Contracts practice and a leader of the firm's Global Government Contracts and Procurement group. Masiello serves as lead counsel in complex government contract matters across numerous industry segments concerning state, federal, and foreign military funded transactions in the US courts, agency boards and under domestic and international alternative dispute resolution procedures.

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Gale Monahan

About Gale Monahan

Gale Monahan is a partner in the Firm’s Government Contracts practice where he focuses on government contracts counseling, litigation and internal and government investigations. Gale's counseling practice focuses primarily on cost and pricing, the Cost Accounting Standards (CAS), termination, business systems, domestic preference, and international government contracting issues.

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Sandra Sok

About Sandra Sok

Sandra Sok is a member of Dentons’ Government Contracts group where she advises contractors on government contract performance and litigation matters. Sandra received her JD from the University Colorado School of Law. While in law school, she served as a judicial intern to Judge Christine M. Arguello in the U.S. District Court for the District of Colorado, and was the Vice President and Treasurer for the Asian Pacific American Law Students Association.

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