58175

Kellogg Brown & Root Services, Inc.

August 28, 2018Judge Scott
Denied / Government PrevailedCost Allowability / Allocability (FAR 31)Quantum / DamagesDCAA InvolvedDCMA Involved

Kellogg Brown & Root Services, Inc. moved to amend the Board's prior judgment to recognize an alleged offset based on amounts it asserted the government owed for incurred costs. The Board denied the motion because the requested amendment was unsupported by the record and there was no probative, undisputed evidence that the judgment had been satisfied.

Material Facts

  • KBR performed dining facility services in Iraq under Contract No. DAAA09-02-D-0007.
  • The prior post-hearing decision concerned costs KBR incurred after failing to follow government direction to reduce a site headcount.
  • KBR sought to amend the prior judgment to account for an alleged offset based on incurred costs owed by the government.
  • KBR submitted declarations from Scott Booth, a project manager, in support of its financial claims.
  • The PCO stated that KBR had submitted a contract-closeout proposal containing legal costs and that the government had not yet made allowability determinations.
  • The PCO stated that undisputed amounts owed to KBR should be paid through the Defense Finance and Accounting Service and the routine invoicing process.
  • KBR's supplemental declaration stated that the costs identified by Booth were included in the contract-closeout proposal.
  • Booth declared that the Defense Contract Audit Agency had audited about half of the costs and found them allowable.

Parties

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