5512656910

Todd Pacific Shipyards Corporation

May 12, 2011Judge Scott
Denied / Government PrevailedContract InterpretationDCAA InvolvedSmall Business

Todd Pacific Shipyards Corporation appealed the contracting officer's denial of its claims under Contract No. N00024-01-C-4115 regarding costs associated with the Emerald Sea dry dock. The Board denied the appeal, concluding that the claimed costs were not properly classified as direct costs under the contract.

Material Facts

  • Todd Pacific Shipyards Corporation appealed the contracting officer's denial of its claims under Contract No. N00024-01-C-4115.
  • The contract involved advance planning for repair and alteration of Auxiliary Oiler Explosive (AOE) ships.
  • Todd sought to charge its Emerald Sea repair costs directly to Contract 4115 instead of treating them as indirect costs.
  • The Board held a nine-day hearing on entitlement and quantum.
  • Todd's claims included a $5.99 million claim for Emerald Sea costs, which later increased to $10.952 million.
  • The Navy moved to dismiss Todd's claims on various grounds, including timeliness and jurisdiction.
  • The Board found that Todd's costs were not incurred specifically for Contract 4115 and were not properly classified as direct costs.

Parties

Appellant
Todd Pacific Shipyards Corporation
Respondent Agency
United States Navy
Contract Number
N00024-01-C-4115
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