Rather, the calculation of damages necessarily requires speculation regarding what price the parties would have negotiated if the data had been disclosed.[20] The Government has the burden to show “by some reasonable method” the amount it believes the final contract price was overstated.[21] There is a rebuttable presumption that the “natural and probable consequence” of defective cost or pricing data is a “dollar for dollar” increase in the contract price.[22]… [read post]

Click Here US District Court Decision in US v. [read post]