57296

Westech International, Inc.

August 9, 2011Judge James
Sustained / Appellant PrevailedCost Allowability / Allocability (FAR 31)

Westech International, Inc. appealed the contracting officer's denial of its claim for reimbursement of Arizona transaction privilege taxes and associated penalties. The Board sustained the appeal, determining the taxes were allowable costs under the contract.

Material Facts

  • Westech International, Inc. appealed the contracting officer's failure to issue a decision on its claim for reimbursement of taxes.
  • The claim included $69,179.83 in Arizona transaction privilege taxes and $7,938.43 in penalties and interest.
  • The contract was a cost-plus-award-fee type contract awarded to Westech for mission support services.
  • The contracting officer initially authorized Westech to pay the tax but later disapproved reimbursement.
  • Westech paid the taxes on 10 March 2010 and incurred penalties and interest due to the contracting officer's direction.

Parties

Appellant
Westech International, Inc.
Respondent Agency
Department of the Army
Contracting Agency
Department of the Army
Contract Number
W9115U-05-C-0001
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