News
AGC of Metropolitan Washington DC Discusses SPM's Participation in Membership Education Program
Dorothy E. Terrell, Edmund M. Amorosi, and John M. Cook, all members of the firm, were recognized in the August 2010 edition of the Washington Contractor, the official publication of the Associated General Contractors of Metropolitan Washington DC, for their work as instructors for the PMDP – Project Manager Development Program. The PMDP program is an ongoing AGC of DC program and the first session took place on August 17-18, 2010. The program is designed to promote the professional development of entry-level or early-career project managers in the construction industry. The PMDP program has five modules: (1) Estimating and Job Costing; (2) Contract Administration; (3) Project Administration; (4) Risk Management, and (5) Leadership. SPM attorneys provided instruction relating to Module 2, Contract Administration. "Sharing our knowledge of construction law with project managers and getting their feedback on issues they are facing on their projects was a great experience," said Ed Amorosi. "AGC should be applauded for offering the PMDP course to their members and drawing on the skills and knowledge of their more experienced members to develop the next generation of industry leaders. It is a win-win for all involved."
Article Responds to Recent Appellate Decision Adverse to Government Contractors
Four members of the firm co-authored an article entitled "Maropakis: The Federal Circuit Imposes Forfeiture of Defenses to Government Claims When Contractor Fails to Certify Them as Contractor Claims". The article, published in the July 27, 2010 edition of the BNA Federal Contracts Report, analyzes the flaws in the opinion and provides practical advice for contractors and agencies to cope with the decision. The co-authors, Richard C. Johnson, Stephen D. Knight, John S. Pachter, and D. Joe Smith, all practice in the area of government contracts. The full text of the article is available here.
Presentation at "Industry Summit on DOD Contracting" Focused on Government Contract Costs and Contract Terminations
On June 21, 2010, Edmund M. Amorosi, a member of the firm, presented two programs at the "Industry Summit on DOD Contracting", which was sponsored by the American Conference Institute. Mr. Amorosi, who practices government contracts and construction law, provided an update on recent changes in the area of government contract costs, including a discussion of recent case law affecting the allowability of costs relating to independent research & development, legal fees, compensation, and travel. Mr. Amorosi also discussed the regulatory framework and recent case law relating to terminations for convenience and terminations for default, including ways for contractors to enhance their recovery of allowable costs.
John Cook Provides Advice on Contract Negotiation and Risk Management in Interview
John Marshall Cook was interviewed by Ted Garrison of the New Construction Strategies (www.ncs30.com) on the subject of Risk Protection through Better Contracting.Mr. Cook is a member of the firm and practices in the area of construction law. In the interview, Mr. Cook discussed methods for owners and contractors to better handle contract negotiations and devise creative solutions to problems that may arise. To listen to the full interview, please click here.
"Personal Conflicts of Interest: A New Area for Regulation" Article recently published in the February 9, 2010 edition of the Federal Contracts Report
John S. Pachter recently published an article entitled "Personal Conflicts of Interest: A New Area for Regulation" in the February 9, 2010 edition of the Federal Contracts Report. The article discusses a recently proposed rule requiring federal government contractors to identify, prevent, and mitigate personal conflicts of interest (PCI) for employees who perform work "closely associated" with "inherently governmental functions." The article summarizes concerns expressed by bar and industry groups, and examines the potential impact of the proposed rule on the government contracting community. The full text of the article is available here.
Presentation to AGC of Washington Focused on Contractor Strategies for Surviving a Recession
On January 22, 2010, Dorothy E. Terrell presented a program in Seattle at the 2010 Annual Convention of AGC of Washington. Ms. Terrell’s presentation, entitled “Contractor Strategies for Surviving a Recession,” addressed today’s economic climate in the construction industry of fewer jobs, more competition, lower margins, and higher risks and included financial, personnel, organizational, and project management strategies available to contractors. Appearing on the panel were Ms. Terrell will be David R. Hombach, Jr., AFSB, of Travelers Bond & Financial Products, who addressed surety market concerns and underwriting requirements. For more information on Ms. Terrell’s presentation and the AGC of Washington 2010 Annual Convention, see https://www.agcwa.com/Events/AnnualConvention/.
“Geren v. Tecom, Inc.: The Federal Circuit Creates A New FAR Cost Principle” Article Recently Published in the Government Contract Costs, Pricing & Accounting Report
Richard Johnson, Stephen Knight, John Pachter and Joe Smith recently prepared an article entitled “Geren v. Tecom, Inc.: The Federal Circuit Creates A New FAR Cost Principle,” which was published in the July 2009 edition of the Government Contract Costs, Pricing & Accounting Report. The article discusses the flawed reasoning of the U.S. Court of Appeals for the Federal Circuit in Tecom, where the Court reversed the ASBCA’s decision regarding the allowability of third-party legal costs and in the process essentially created a new cost principle.
The full text of the article is available here.
“'Certified Estimates' and Mandatory Disclosure: A Bad Decision Makes for a Worse Regulation” Article Recently Published in The Procurement Lawyer
Stephen Knight recently prepared an article entitled "'Certified Estimates' and Mandatory Disclosure: A Bad Decision Makes for a Worse Regulation,” which was published in the Summer 2009 edition of The Procurement Lawyer, the quarterly members’ publication of the ABA’s Section of Public Contract Law. The article discusses how the recent decision in U.S. v. United Technologies coupled with the promulgation of FAR 52.203-13, “Contractor Code of Business Ethics and Conduct,” creates an impossible compliance problem for contractors.
The full text of the article is available here.
New E-Letter:
DCAA ASSUMES ROLE OF EVALUATING CONTRACTORS ON “EXPECTED STANDARDS OF ETHICAL AND MORAL BEHAVIOR”
Smith Pachter McWhorter PLC
Government Contracts Update
Vol. V, No. 2 September, 2009
By Stephen D. Knight
Clicke here to view this e-letter.
Smith Pachter McWhorter was featured in "Bisnow on Business" as one of the top construction firms in the region.
Pictured here are senior industry executives and Mark Hanson, the firm's managing partner (second from left) after a panel discussion on topics including opportunities and risks of Federal infrastructure and construction projects, increased competition in the commercial market, and trends in sustainability at Washington’s Il Mulino restaurant earlier this year.
To read the article about this event from Bisnow on Business, please click here
Smith Pachter McWhorter sponsored a luncheon in October 2008 with senior construction industry executives and the leadership of George Mason University focusing on future plans for construction at GMU. Dr. Alan Merten, GMU's President, Morrie Scherrens, GMU’s Senior Vice President, and Tom Calhoun, GMU’s Vice President of Facilities, all spoke about their approach to public-private partnerships and upcoming construction opportunities. To read a feature article on this event which appeared in Bisnow on Business, please click here and scroll to page 5.
New E-Letter:
NEW DISCLOSURE OBLIGATIONS REPRESENT “SEA CHANGE” FOR CONTRACTORS
Smith Pachter McWhorter PLC
Government Contracts Update
Vol. IV, No. 2 November, 2008
By Stephen D. Knight
Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments. This e-letter highlights the most important issues, and the attached index provides weblinks to the source documents of these and many more developments.
Clicke here to view this e-letter.
Smith Pachter McWhorter PLC Partner Included in Legal Times 2008 Almanac of Leading Lawyers
John S. Pachter has been recognized as a leader in the practice of government contracts law in the Washington, D.C. area in the Almanac of Leading Lawyers. The Almanac, published by Legal Times, contains the profiles of more than 200 attorneys across 20 practice areas that Legal Times has selected for its Leading Lawyer recognitions over the last five years. Attorneys were selected based on nominations, client and peer feedback, and research of court and public documents to find the most proven players in a practice area.
“Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.” recently published in the Government Contract Costs, Pricing & Accounting Report.
Richard Johnson, Joe Smith, and Matthew Haws recently prepared an article entitled “Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.,” which was published in the March 2008 edition of the Government Contract Costs, Pricing & Accounting Report. The article discusses the Armed Services Board of Contract Appeals’ attempt in the Tecom case to clarify the law related to the allowability of third-party legal costs and to limit the application of the Boeing test to situations where the underlying lawsuit involves allegations of fraud against the Government.
The full text of the article is available here.
E-Letter
FY 08 DOD Authorization Act Tightens Government Contract Rules
Smith Pachter McWhorter PLC
Government Contracts Update
Vol. IV, No. 1 April, 2008
By Stephen D. Knight
Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments.
Click here to view this e-letter.
Click here to view previous e-letters.
E-Letter
FAR Final Rule Requires Contractors, Subcontractors to Implement Code of Business Ethics and Conduct; Additional Onerous Requirements May Follow
Smith Pachter McWhorter PLC
Government Contracts Update
Vol. III, No. 4 January, 2008
By Stephen D. Knight
Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments.
Click here to view this e-letter.
Click here to view previous e-letters.
E-Letter
Congress Proposes Civil False Claims Rewrite; CAS and Cost Issues Predominate
Smith Pachter McWhorter PLC
Government Contracts Update
Vol. III, No. 3 October, 2007
By Stephen D. Knight
Smith Pachter McWhorter constantly tracks current events, issues, and trends in Government Contracts to keep clients on the cutting edge of legal and policy developments.
Click here to view this e-letter.
Click here to view previous e-letters.