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B&P Costs Don't Include Sub Costs Or Profit


In Gentex Corp. v. U.S. (June 10, 2004), the Court of Federal Claims decided two issues of first impression for the court adversely to the contractor: (1) even when a solicitation specifically requests teams to respond, the B&P costs of teammates of the prime are not recoverable unless they are in a joint venture or in some other way are prime contractors themselves and (2) profit is not recoverable on the contractor's costs.

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