CACI International Inc.

Material Facts

• CACI Premier Technology performed interrogation services at Abu Ghraib prison under Department of the Interior task orders between 2003 and 2004.
• The Department of the Interior terminated the task orders for convenience so the work could be replaced by Department of Defense contract vehicles.
• The 2007 settlement agreement was between CACI Premier Technology and the Department of the Interior and addressed claims arising out of the terminated task orders.
• The Al Shimari litigation costs were incurred in defending civil litigation brought by Iraqi prisoners in the Eastern District of Virginia.
• CACI included Iraqi prisoner-litigation expenses in incurred cost submissions and allocated the costs through its home office overhead pool.
• DCAA audited CACI's fiscal year 2006 incurred cost submission and reported CAS 403 noncompliance concerning the allocation of Iraq legal defense costs.
• The 2012 settlement agreement concerning the CAS 403 appeal did not address or determine the reasonableness or allowability of CACI's Iraq legal costs.
• The DCAA audit reports for fiscal years 2013 through 2017 did not address or question the allowability of legal costs.
• CACI and DCMA executed tolling agreements concerning the statute of limitations for the incurred cost submissions.
• CACI voluntarily disclosed that it had omitted certain executive-compensation bonus costs from its fiscal year 2017 blended compensation-cap calculation and submitted revised calculations.
• The advance agreement required CACI to submit a detailed schedule showing that the blended rates would not result in pricing total compensation to the government above the applicable limits.
• The parties agreed that the final decision improperly included non-flexibly priced contracts in calculating the unallowable costs and penalty amounts.

Parties

Appellant

CACI International Inc.

Respondent Agency

Department of Defense

Contracting Agency

Department of the Interior

Contract Number

N00189-12-D-Z001