Kellogg Brown & Root Services, Inc.
Kellogg Brown & Root Services, Inc. appealed the government's disallowance of subcontract settlement costs arising from two Requests for Equitable Adjustment. The Board granted the government's motion and dismissed the appeals without prejudice because parallel False Claims Act litigation involved substantially similar facts, issues, and witnesses.
Material Facts
- KBR billed the government for subcontract settlement costs arising from its settlement of two REAs submitted by First Kuwaiti.
- The same REAs underlying the Board appeals were alleged to be false in the government's False Claims Act action.
- The settlement costs were originally paid by the government.
- DCAA disapproved the settlement costs.
- A contracting officer issued an interim determination allowing approximately half of the settlement amount, and a later contracting officer overruled that determination.
- KBR's certified claim sought recovery of all settlement costs plus interest.
- The United States filed a federal district court action against KBR and First Kuwaiti alleging that the REAs and related settlement costs were knowingly inflated and false.
- KBR and First Kuwaiti were parties to the federal action, enabling the parties to develop a full record regarding how the REAs were prepared, submitted, and settled.
Parties
- Appellant
- Kellogg Brown & Root Services, Inc.
- Contract Number
- DAAA09-02-D-0007
Full Legal Analysis
Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.
Holding & Legal Reasoning
The Board's holding, background, and procedural posture for this decision.
Issues Presented
Every issue the Board decided, with its determination, reasoning, and supporting authority.
Quantum & Recovery
The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.
Verified Authorities & Citations
Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.
Practitioner Takeaways
Practical guidance for contractors and counsel, distilled from the Board's ruling.
Similar Cases
Related decisions surfaced by semantic search across the full analyzed corpus.
Citation Graph
An interactive graph of this case's cited authorities, judge, agency, and related decisions.
Related Decisions
Same Judge
- Kellogg Brown & Root Services, Inc.No. 59357, 59358August 29, 2016
- GSC Construction, Inc.No. 59644, 59956, 60069, 60070, 60112, 60113June 21, 2016
- Access Personnel Services, Inc.No. 59900June 15, 2016
- CI², Inc.No. 59948June 6, 2016
- CI², Inc.No. 59948June 6, 2016
- CI², Inc.No. 59948June 6, 2016
Same Year
- WorleyParsons International, Inc.No. 57930December 20, 2013
- TTF, L.L.C.No. 58452December 19, 2013
- Bruce E. ZoellerNo. 56578December 17, 2013
- New Iraq Ahd CompanyNo. 58800December 17, 2013
- Linc Government Services, LLCNo. 58561, 58562, 58563, 58565, 58566, 58567December 5, 2013
- Fluor CorporationNo. 57852December 5, 2013
Same Issue
- Africa Transport Logistics CompanyNo. 64120October 1, 2026
- Scot Cardillo dba Engineers Tooling SupportNo. 61612September 22, 2026
- U.S. Aeroteam, Inc.No. 61972, 61973August 6, 2026
- Raytheon Company and Raytheon Missile SystemsNo. 59435, 59436, 59437, 59438, 60056, 60057, 60058, 60059, 60060, 60061May 14, 2026
- IAP Worldwide Services, Inc.No. 62638, 63879May 6, 2026
- CACI International, Inc.No. 63663March 10, 2026