General Electric Co., Aerospace Group v. United States

OPINION

BRUGGINK, Judge.

The pending cross-motions for summary judgment raise the question of whether there is a conflict between a Defense Acquisition Regulation provision dealing with foreign selling costs and a Cost Accounting Standard describing allocation of costs. The matter has been fully briefed and orally argued. For the reasons expressed herein, the court concludes that there is no conflict between the two provisions, and that defendant’s motion is due to be granted.

I. FACTUAL BACKGROUND1

This is an action brought under the Contracts Disputes Act of 1978, 41 U.S.C. §§ 601-613 (1988).…