Cost Related To Pensions from Closed Segements
Wednesday, December 16th, 2009
CBS CORPORATION v. THE UNITED STATES, COFC No. 01-79 C, December 08, 2009.
Segment Closing Date under Original CAS 413, NAVSEA contract. Judge Firestone grants summary judgment for plaintiff holding that segment closed when contractor stopped performing on government contract and stopped incurring any direct labor charges.
CBS CORPORATION v. THE UNITED STATES, COFC No. 01-79 C, December 08, 2009.
Court’s synopsis-Government’s Segment Closing Payment under the Allowable Cost and Payment Clause Where the Segment Closing Calculation Involves a Pension Deficit and a Portion of the Pension Deficit is Transferred from the Segment Seller to Segment Buyer; Allowable Cost and Payment Clause, FAR 52.216-7; Allowability Clause, FAR 31.201-2; Generally Accepted Accounting Principles (“GAAP”) Judge Firestone grants and denies in part both parties motions for summary judgment noting that “the government is not liable to CBS for pension costs attributable to the pension deficit transferred to Northrop Grumman and CBS is not entitled to payment for that transferred deficit.”
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CDA Statute of limitations
Wednesday, December 16th, 2009
Appeal of — McDonnell Douglas Services, Inc., ASBCA No. 56568, December 02, 2009.
Air Force contract. Appellant appeals the CO’s defective pricing claims.
The ASBCA dismisses “the appeal without prejudice for lack of jurisdiction under the CDA because the government’s defective pricing claim is time-barred.” In an opinion by Judge Cheryl Scott the Board rejects the “suggestion to the effect that we should interpret the CDA’s six-year limitations period more liberally when a government claim is involved than when a contractor’s claim is involved. Limitations principles generally apply to the government in the same way that they apply to private parties.”
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Steel for Military Construction Projects
Wednesday, December 9th, 2009
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 108 of the Military Construction and Veterans Affairs Appropriations Act, 2009. Section 108 requires that American steel producers, fabricators, and manufacturers be given the opportunity to compete for contracts and subcontracts for the acquisition of steel for use in military construction projects or activities.
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