59076

Leidos, Inc., f/k/a Science Applications International Corporation

June 6, 2014Judge Melnick
Denied / Government PrevailedCost Accounting Standards (CAS)CDA JurisdictionDCMA InvolvedCAS at Issue

The government sought reimbursement from Leidos for costs allegedly misallocated to CAS-covered contracts, but the contracting officer's final decision identified a representative contract that was not between the government and Leidos. The Board held that it possessed jurisdiction and granted the government's request to substitute a proper representative contract.

Material Facts

  • The CACO alleged that Leidos failed to comply with CAS 403 by allocating Greek contract legal expenses through a corporate home office indirect cost pool rather than directly to Company 6.
  • Leidos stated that the allocation affected fiscal years 2006 through 2010, and the CACO later concluded that fiscal years 2011 and 2012 were also affected.
  • After revisions to Leidos's submissions, the CACO determined that there were no cost impacts for fiscal years 2006 and 2008 and only an estimated cost impact for fiscal year 2009.
  • Leidos submitted a general dollar magnitude proposal describing the cost impact of the alleged CAS noncompliance on its CAS-covered contracts.
  • Leidos conceded that the Greek contract costs should have been allocated to Company 6 and agreed with the government regarding the increased costs paid on flexibly-priced contracts.
  • Leidos disputed that the misallocation affected CAS-covered fixed-price contracts because the Greek contract costs were not included in its forward pricing rates.
  • The final decision identified Contract No. W56HZV-05-C-0724 as a representative contract, but that contract had not been awarded to Leidos.
  • The government identified Contract No. W9113M-08-D-0004 as a contract between the government and Leidos and requested its substitution as the representative contract.

Parties

Appellant
Leidos, Inc., f/k/a Science Applications International Corporation
Respondent Agency
Defense Contract Management Agency
Contract Number
W56HZV-05-C-0724
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