Gates v. Raytheon Co. , No. 08-1543

The Armed Services Board of Contract Appeals' ruling that defendant was not required to pay interest to the government for a potential violation of Cost Accounting Standard 413, 48 C.F.R. section 9904.413 (CAS 413), is reversed and remanded as defendant's failure to pay the government in the accounting period required by CAS 413 necessarily resulted in increased costs to the government. Therefore, defendant is liable to the government for compound interest under the CAS clause.

Read Gates v. Raytheon Co. , No. 08-1543

Appeal from:  Armed Services Board of Contract Appeals

Decided September 14, 2009

Judges

Before Mayer, Lourie and Gajarsa, CIrcuit Judges. 
Opinion by Gajarsa, Circuit Judge.   

Counsel

For Appellant:  C. Coleman Bird, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, Jeanne E. Davidson, DIrector, and Kirk T. Manhardt, Assistant Director.  

For Appellee:  Karen L. Manos, Gibson, Dunn & Crutcher LLP, Christyne K. Brennan and Dace A. Caldwell.