Parsons Government Services, Inc.
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.
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