60190

Northrop Grumman Corporation

January 9, 2018Judge Peacock
Sustained / Appellant PrevailedCost Allowability / Allocability (FAR 31)Quantum / DamagesAccord & Satisfaction / Release / WaiverDCMA Involved

Northrop Grumman Corporation sought reconsideration of the Board's quantum decision concerning the government's disallowance of post-retirement benefit costs associated with NGC's transition from the DEFRA methodology to the FAS 106 methodology. The Board affirmed the quantum decision, concluding that the entitlement decisions did not resolve the quantum issues and that the government had not proved any excess costs were claimed or paid.

Material Facts

  • NGC used the DEFRA PRB cost accrual methodology during the pre-transition years.
  • The entitlement decisions concluded that NGC failed to comply with the FAS 106 PRB cost accrual methodology in the pre-transition years.
  • The quantum decision addressed the monetary consequences of that noncompliance.
  • NGC executed a negative PRB Plan amendment in 2006.
  • The pre-transition incurred-cost and forward-pricing proposals did not contain the disputed disallowed amount.
  • The government did not pay the disputed excess PRB costs.
  • The entitlement decisions remanded the quantum consequences and required development of a record concerning the transition obligation.
  • The quantum record included expert testimony concerning the effect of the 2006 Plan amendment on the transition obligation.

Parties

Appellant
Northrop Grumman Corporation
Respondent Agency
Defense Contract Management Agency
Contract Number
N68936-05-C-0059
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