60171

CACI International, Inc. & CACI Technologies, Inc.

July 18, 2016Judge Prouty
Sustained / Appellant PrevailedContract InterpretationPayment / Progress Payments / FinancingQuantum / Damages

CACI International, Inc. and CACI Technologies, Inc. appealed a contracting officer's determination requiring repayment of danger-pay amounts calculated on employee salaries for extended overseas workweeks. On cross-motions for summary judgment, the Board held that the employees' pay for their normal work hours constituted basic compensation and sustained the appeal.

Material Facts

  • The contract was an indefinite-delivery/indefinite-quantity contract for support services, including overseas services, and the relevant portion was cost-reimbursable.
  • The applicable performance work statement permitted, with contracting-officer approval, hazardous-duty compensation at rates set in accordance with State Department Guidelines.
  • Task Order No. 0096 required a normal deployed workday of 12 hours per day, seven days per week, or 84 hours per week.
  • Task Order No. 0127 required CACI employees to work 72 hours per week.
  • CACI paid no overtime premium to employees working under Task Orders 0096 and 0127.
  • CACI paid danger pay based on salaries reflecting the actual hours worked under the task orders and included those costs in its invoices.
  • The contracting officer appeared to compensate CACI for the expense without objection until SIGAR challenged the calculation.
  • SIGAR determined that the government had overpaid CACI for danger pay by $14,637 for Task Order 0096 and $25,095 for Task Order 0127.

Parties

Appellant
CACI International, Inc. & CACI Technologies, Inc.
Contracting Agency
the government
Contract Number
W15P7T-06-D-E402
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