An independent opinion that could help determine the outcome of a federal lawsuit claiming a Savannah River Site contractor overcharged the federal government by $5 million is still being decided after nearly three years, according to a status report recently filed in the case.
The joint status report was submitted by the U.S. Department of Energy and Savannah River Nuclear Solutions (SRNS), the agency’s management contractor at the 310-square-mile facility near Aiken S.C.
The Justice Department sued SRNS, and primary parent company Fluor, in March 2016 on allegations they used federal dollars to purchase items that were not covered under the contract. Specific purchases were not listed, but the Justice Department said SRNS overcharged the government $5 million by filing 573 unlawful reimbursement claims, from Oct. 8, 2008, to Dec. 31, 2015.
The Justice Department is seeking up to $15.6 million, or three times the amount of the amount the federal government was allegedly overcharged.
In December 2016, U.S. District Judge J. Michelle Childs dismissed from the lawsuit the claim that SRNS wrongly benefited from the contract. However, she did not dispute claims that the contractor wrongfully charged the federal government for home office expenses and bid proposals.
For that decision, Childs that month requested an opinion from the Civilian Board on Contract Appeals (CBCA), an independent tribunal that helps resolve disputes between government contractors and agencies. Savannah River Nuclear Solutions and the federal government are required to submit status reports every four months, updating Childs on the CBCA proceeding.
The civilian board has been hearing arguments from both sides so it can form an opinion on whether SRNS misused federal funds. The status reports routinely detail what steps have been taken with the board, including hearings and relevant arguments filed by each party.
The board conducted evidentiary hearings in October and November 2018, and a final session in July 10 of this year.
