CACI International, Inc.
CACI International, Inc. appealed a contracting officer's determination that its allocation of Iraq-related legal costs to its home office residual pool violated CAS 403. The Board denied the government's motion to dismiss without prejudice, holding that the assertedly immaterial cost impact did not eliminate the live, appealable dispute over CAS compliance.
Material Facts
- CACI had contracts subject to the CAS and CAS-covered contracts contained the applicable CAS clause.
- CACI PTG provided interrogation services to the United States military at Abu Ghraib prison and other locations in Iraq under BPA No. NBCHA-OI-000S and ten other task orders issued under a GSA Information Technology Schedule Contract.
- CACI incurred legal expenses on behalf of CACI PTG arising from lawsuits and investigations concerning alleged mistreatment of prisoners and allocated those expenses to its home office residual pool.
- DCAA's audit of CACI's FY 2006 incurred cost submission concluded that the legal costs should have been treated as CACI PTG costs rather than home office residual costs.
- The CACO determined that CACI was noncompliant with CAS 403 because it allocated certain legal costs to the home office residual expense pool rather than to CACI PTG.
- The CACO directed CACI to correct the noncompliance, submit a proposed change to its cost accounting practices, report whether existing contracts were affected, and submit a GDM proposal.
- CACI submitted a cost impact analysis as directed.
- The government continued to maintain that CACI was noncompliant with CAS 403 and had to submit a compliant revision to its Disclosure Statement.
Parties
- Appellant
- CACI International, Inc.
- Contract Number
- N00140-05-C-0016
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