58660

The Boeing Company

November 6, 2014Judge O'Connell
OtherCDA JurisdictionStatute of Limitations / TimelinessDCAA InvolvedDCMA Involved

The Boeing Company moved to dismiss a government claim arising from cost accounting practice changes, contending that the claim accrued more than six years before the contracting officer's final decision. The Board denied the motion without prejudice because the record did not establish that Boeing conveyed sufficient information to trigger the statute of limitations before 8 February 2007.

Material Facts

  • Boeing planned to combine its Anaheim and Huntington Beach accounting business units and conform Anaheim's accounting practices to those of Huntington Beach.
  • The contracting officer repeatedly requested a description of the accounting changes, their potential impact, and a general dollar magnitude.
  • Boeing submitted Disclosure Statements on 21 December 2006 and a combined Disclosure Statement on 19 January 2007.
  • Boeing submitted a forward pricing rate proposal for the combined site on 25 January 2007 and presented related slides to the government on 31 January 2007.
  • The contracting officer returned the Huntington Beach Disclosure Statement on 2 February 2007 as inadequate and again complained that Boeing had not submitted a general dollar magnitude or detailed cost impact proposal.
  • The record contained no evidence that Boeing or the government prepared a general dollar magnitude or detailed cost proposal on or before 8 February 2007.
  • Boeing submitted another Huntington Beach Disclosure Statement revision and a general dollar magnitude on 16 February 2007.
  • DCAA issued audit reports in 2007 and 2009 stating that Boeing's Disclosure Statement adequately reflected its accounting practices, and later rescinded those reports after identifying alleged inadequacies.
  • The contracting officer issued a final decision on 8 February 2013 asserting a government claim arising from the cost accounting practice changes.

Parties

Appellant
The Boeing Company
Contract Number
FA8801-05-C-2004 et al.
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