5753058161

Kellogg Brown & Root Services, Inc.

November 8, 2016Judge Melnick
Sustained / Appellant PrevailedCost Allowability / Allocability (FAR 31)DCMA Involved

The government sought reconsideration of the Board's denial of its request to suspend or dismiss Kellogg Brown & Root Services, Inc.'s appeals while related False Claims Act and Contract Disputes Act claims proceeded in district court. The Board held that Laguna Construction Co. v. Carter did not require an indefinite suspension and denied reconsideration.

Material Facts

  • The appeals arose under Contract No. DAAA09-02-D-0007.
  • The government was pursuing claims against KBR in a United States District Court under the False Claims Act and the Contract Disputes Act concerning the costs KBR sought in the appeals.
  • The government had previously sought suspension or dismissal of the appeals, and the Board had denied that request on 25 July 2016.
  • The government had conceded that continuing the Board proceedings with a full record would not prejudice it.
  • The government's district-court fraud claim remained pending and had not been presented as an affirmative defense before the Board.

Parties

Appellant
Kellogg Brown & Root Services, Inc.
Contract Number
DAAA09-02-D-0007
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