61227

URS Federal Services, Inc.

September 3, 2019Judge O'Sullivan
Partially SustainedCost Allowability / Allocability (FAR 31)Indirect Rates / Incurred CostStatute of Limitations / TimelinessDCAA InvolvedDCMA InvolvedCommercial Item

URS Federal Services, Inc. challenged a government claim seeking recovery of allegedly unallowable direct and indirect costs, asserting that the direct-cost portion was barred by the CDA's six-year statute of limitations and that the entire claim was barred by laches. The Board granted partial summary judgment concerning the subcontract-approval basis, denied partial summary judgment concerning inadequate documentation, and denied summary judgment based on laches.

Material Facts

  • The Contract included FAR 52.244-2, which required contracting officer approval to subcontract if the contractor did not have an approved purchasing system.
  • The task order called for a proof of concept for a commercial off-the-shelf medical event reporting system.
  • URS's proposal identified Northrop Grumman as a subcontractor.
  • During FY 2006 performance, URS submitted invoices that included subcontractor costs relating to Northrop Grumman and SAIC, and the government paid each invoice.
  • URS submitted a final indirect cost rate proposal for FY 2006, withdrew it, and resubmitted it on June 22, 2012.
  • DCAA issued an audit report on URS's resubmitted FY 2006 final indirect cost rate proposal on April 13, 2015.
  • The contracting officer's final decision asserted a government claim to recover allegedly unallowable direct and indirect costs.
  • URS underwent several corporate transactions during contract performance and the DCAA audit, and former Apptis employees with relevant knowledge left the company after its acquisition by URS in 2011.

Parties

Appellant
URS Federal Services, Inc.
Respondent Agency
Defense Contract Management Agency
Contracting Agency
U.S. Army Medical Research Acquisition Activity
Contract Number
W74V8H-04-D-0023
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