56353

SRI International

February 18, 2011Judge Ting
Sustained / Appellant PrevailedCost Allowability / Allocability (FAR 31)DCAA InvolvedDCMA Involved

SRI International appealed a decision denying its claim for costs incurred in maintaining a standby Letter of Credit under Contract No. HROO11-06-C-0023. The Board sustained the appeal, finding the costs allowable under FAR 31.205-27(a)(3).

Material Facts

  • SRI International is a nonprofit scientific institute that performs research and development work primarily for the U.S. government.
  • SRI incurred costs in maintaining a standby Letter of Credit issued by Wells Fargo to guarantee repayment of its long-term debt.
  • The government contended that the claimed costs were unallowable under FAR 31.205-20 as costs of financing long-term capital.
  • SRI argued that the costs were allowable as bonding costs under FAR 31.205-4 and as administrative costs of short-term borrowings under FAR 31.205-27(a)(3).
  • The LOC was required to secure SRI's obligations under Variable Rate Demand Revenue Bonds issued for its project.

Parties

Appellant
SRI International
Respondent Agency
Defense Contract Management Agency
Contract Number
Contract No. HROO11-06-C-0023
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