Compliance Paradox: Fixed-Price Contracts vs. Cost-Based Demands

Government Contracts attorney Megan Mocho co-authored an article for the Defense Acquisition Magazine examining the increasing prevalence of cost and cost-like data requests in fixed-price federal contracting and the challenges these demands create for both contractors and government agencies. The article discusses how scrutiny of contractor costs can undermine the efficiencies, risk allocation and commercial market advantages that fixed-price contracts are designed to create, despite recent acquisition reform efforts aimed at streamlining procurement and accelerating innovation. Megan also explores issues involving price analysis, cost analysis, commercial contracting, Federal Acquisition Regulation (FAR) compliance and False Claims Act risk, while offering practical recommendations for balancing oversight, transparency and mission success in defense acquisitions.

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