Propellex Corporation v. Les Brownlee, Acting Secretary of the Army

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a contractor must prove that its bid was reasonable before it can recover under a total cost method
• holding that contractor could not make use of total cost method simply because it “failed to keep accurate records, when such records could have been kept, and where the contractor does not provide a legitimate reason for its failure to keep the records”
• noting the contracting officer's denial of an REA was the relevant final decision that was appealed to the Board
• affirming the decision of the Armed Services Board of Contract Appeals to deny contractor’s claim for additional compensation because the contractor could not prove its actual losses directly
• “[U]nder [a] modified total cost method claim, plaintiff still ha[s] the burden of proving the four requirements for a total cost recovery set forth above.”
• the court disallowed the contractor’s use of the “modified total cost method” 8 where the corporation failed to establish the impracticability of using actual costs

Source: CourtListener parenthetical corpus (CC0).