6071360716

L-3 Communications Integrated Systems, L.P.

September 27, 2017Judge D'Alessandris
OtherCost Allowability / Allocability (FAR 31)CDA JurisdictionDCAA InvolvedDCMA Involved

L-3 Communications Integrated Systems, L.P. challenged the jurisdictional sufficiency of two contracting officers' final decisions asserting government claims for repayment of purportedly unallowable airfare costs. The Board denied L-3's motion to dismiss, holding that the final decisions stated sums certain and provided adequate notice of the claims' bases.

Material Facts

  • L-3 performed flexibly-priced government contracts that included cost-reimbursement line items for travel.
  • The contracts restricted reimbursement of first class and business class airfare.
  • During fiscal year 2009, L-3 incurred airfare expenses and was reimbursed for its claimed costs.
  • The contracts remained unsettled because L-3 and the government had not agreed on final indirect cost rates.
  • DCAA issued an audit report concerning L-3's unsettled flexibly-priced contracts for fiscal year 2009, including claimed airfares.
  • The audit applied a 79% decrement factor to L-3's claimed international airfares over $6,000.
  • The delivery orders associated with one contract required first and business class airfares to be documented and justified.
  • The final decisions asserted government claims for repayment of purportedly unallowable premium airfare and, in one decision, travel on non-U.S.-flag carriers.

Parties

Appellant
L-3 Communications Integrated Systems, L.P.
Respondent Agency
Defense Contract Management Agency
Contracting Agency
Defense Contract Management Agency
Contract Number
FA8620-06-G-4002
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