Determining The Allowability Of Legal Fees Under FAR

Law360, New York (September 25, 2012, 2:43 PM EDT) -- In Tip Top Construction Inc. v. Donahoe,[1] the Federal Circuit recently reinforced the framework for distinguishing between contract administration costs arising from change orders that may be allowable under Federal Acquisition Regulation 31.205-33 and costs incidental to the prosecution of a claim that are unallowable under FAR 31.205-33.


The question before the Federal Circuit in Tip Top was whether consultant costs arising from negotiations relating to the price of changed work were recoverable as contract administration costs. The Postal Service directed a change to Tip...
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