57743

Raytheon Company

August 28, 2018Judge Scott
Partially SustainedCost Allowability / Allocability (FAR 31)Cost Accounting Standards (CAS)Statutory ComplianceCDA JurisdictionDCMA InvolvedCAS at Issue

Raytheon Company and the government cross-moved for reconsideration of rulings concerning penalties and interest on lobbying salary costs and aircraft fractional lease costs. The Board denied both motions, holding that the lobbying salary costs were expressly unallowable and subject to level one penalties, while the aircraft fractional lease costs were not subject to level one penalties and no level two penalty claim was properly before the Board.

Material Facts

  • The CACO assessed penalties and interest concerning salary costs associated with unallowable lobbying costs.
  • The CACO assessed level one penalties concerning Raytheon's aircraft fractional lease costs under FAR 42.709-1(a)(1).
  • Raytheon treated its lobbying salary costs as unallowable.
  • The February 2005 Advance Agreement stated that Raytheon agreed not to charge a portion of its aircraft fractional lease costs to the government.
  • The February 2005 Advance Agreement did not state that the aircraft fractional lease costs were unallowable under the FAR.
  • The government did not assess penalties under FAR 42.709-1(a)(2).
  • The government did not pursue level two penalties during the hearing.
  • The parties cross-moved for reconsideration of portions of the Board's prior decision.

Parties

Appellant
Raytheon Company
Respondent Agency
Defense Contract Management Agency
Contract Number
N00024-04-C-6 l O1
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