62113

Parsons Government Services, Inc.

April 15, 2020Judge D'Alessandris
DismissedCost Allowability / Allocability (FAR 31)Indirect Rates / Incurred CostContract InterpretationCDA JurisdictionStatute of Limitations / TimelinessDCMA Involved

Parsons Government Services, Inc. appealed a contracting officer’s final decision concerning incurred leaseback costs associated with a Pasadena building and sought withdrawal of unilateral indirect-rate determinations and interpretation of FAR provisions. The Board granted the government’s motion to dismiss, holding that the claims were barred by applicable limitation periods and that the purported contract-interpretation claim was an unquantified monetary claim rather than a valid non-monetary CDA claim.

Material Facts

  • Parsons Government Services, Inc. and Parsons Constructors & Fabricators were wholly-owned subsidiaries of Parsons Corporation.
  • Parsons Corporation constructed the Pasadena Tower Building in the 1970s.
  • In 2011, Parsons Corporation sold the Pasadena Tower Building and other nearby buildings to a non-affiliated third party.
  • Parsons Corporation, through another subsidiary, leased back the Pasadena Tower Building under a 15-year lease.
  • Parsons’s FY2011 final indirect cost rate proposals included allocated lease costs for the building and the gain on its sale.
  • Parsons continuously occupied space in the building and was obligated by the lease to remain there until June 30, 2026.
  • Parsons did not submit a revised indirect cost rate proposal incorporating the additional costs asserted in its March 2018 letter.
  • Parsons did not include a claim certification with its March 2018 letter.
  • The CACO issued separate unilateral FY2011 rate determinations for Parsons Government Services, Inc. and Parsons Constructors & Fabricators.
  • The unilateral rate determinations directed Parsons to submit adjustment vouchers if the determined rates differed from those used in interim billings.
  • The unilateral rate determinations did not include the customary notice of appeal rights.
  • Parsons received the unilateral rate determinations on September 13, 2018 and filed its Board appeal on July 1, 2019.

Parties

Appellant
Parsons Government Services, Inc.
Respondent Agency
Defense Contract Management Agency
Contract Number
W912DY-09-D-0062 et al.
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.