Donald H. Rumsfeld, Secretary of Defense v. United Technologies Corporation, Pratt & Whitney
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
The Secretary of Defense (“the government”) appeals from the July 30, 2001, decision of the Armed Services Board of Contract Appeals (“Board”) in favor of United Technologies Corp., Pratt & Whitney (“Pratt”). Appeals of United Techs. Corp., Pratt & Whitney, ASBCA Nos. 47416, 50453, & 50888, 01-2 BCA ¶ 31,592 (July 30, 2001). The Board found that payments made to Pratt’s foreign suppliers to acquire parts under “collaboration agreements” were not “costs” for purposes of calculating indirect cost pool (overhead) allocation bases under the Cost Accounting Standards (CAS). Id.…
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