Government Contracts
Smith Pachter McWhorter PLC Contributes to The ABA's Guide To State Procurements
The American Bar Association Section of Public Contract Law has recently published the Guide to State Procurement: A 50 State Primer on Purchasing Laws, Processes and Procedures. This informative reference manual contains a summary of purchasing laws and processes for all 50 States including a chapter covering the Commonwealth of Virginia which was written by Smith Pachter McWhorter PLC lawyers John Pachter, Edmund Amorosi, and M. Clay Hamrick.
To obtain a copy of the publication, visit: http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5390284
“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.
“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.
The New Era of Corporate Governance and Ethics: The Extreme Sport of Government Contracting by John S. Pachter. Reproduced with permission from Federal Contracts Report, Vol. 80, No. 12 (October 7, 2003). Copyright 2003 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.
Articles authored by John S. Pachter and Richard C. Johnson, partners in the law firm of Smith Pachter McWhorter PLC, are featured in the current edition of the leading journal in the field of government contracts law, the Public Contract Law Journal, published quarterly by the American Bar Association.
Mr. Pachter's article is entitled, "What is a Procurement? And Why Can't DoD and the Courts Get It Straight?" 34 Public Contract Law Journal 1 (2004).
Mr. Johnson's article is entitled, "A Critical Look at the Compensation Cost Principle--Stock Options and Restricted Stock" 34 Public Contract Law Journal 103 (2004).