KMS Fusion, Inc. v. United States

OPINION

SMITH, Chief Judge.

This is a direct access suit under the Contract Disputes Act, 41 U.S.C. § 601 et seq. (1982). Plaintiff, KMS Fusion, Inc. (KMS) claims it is entitled to recover amounts allegedly due under a contract with the United States Department of Energy (DOE). KMS maintains that it is entitled to approximately $1,000,000 in indirect costs incurred in calendar years 1983 and 1984 which were improperly denied in a final decision of the contracting officer (CO).

This case comes before the court on the parties’ cross-motions for summary judgment. There are six types of indirect…