60131

Exelis, Inc.

August 29, 2016Judge D'Alessandris
Partially SustainedCost Accounting Standards (CAS)Contract InterpretationCDA JurisdictionDCAA InvolvedDCMA InvolvedCAS at Issue

Exelis, Inc. appealed a contracting officer's final decision asserting a government claim for noncompliance with Cost Accounting Standard (CAS) 404 regarding lease accounting. The Board found that while the government could not establish a CAS violation, it could assert a claim under the FAR based on the same facts.

Material Facts

  • Exelis leased the Summit Park Building in Fort Wayne, Indiana, in 1997.
  • Exelis characterized the lease as an operating lease for financial accounting purposes.
  • The DCAA questioned Exelis' lease costs, finding that the building lease was a capital lease.
  • The DCMA determined that Exelis improperly treated the building lease as an operating lease.
  • The final decision asserted a government claim for $3,821,534 against Exelis due to increased costs.

Parties

Appellant
Exelis, Inc.
Contracting Agency
Defense Contract Management Agency
Contract Number
N65236-07-C-5876
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