The letter recommended that the text be changed to provide that the contribution by contractors is to be sought only when, and to the extent that, the contribution matches expected commercial benefit to the contractor. Boeing North American, Inc. v. F. Whitten Peters, Secretary of the Air Force. In the brief, NDIA argued for a reversal of the original decision against Boeing by the Armed Services Board of Contract Appeals because that decision confused the concepts of allocability and allowability. The brief expressed concern that as the result of this case, government auditors would begin disallowing not just litigation costs, but many other types of costs that are necessary to overall business operations but cannot be shown to confer an identifiable benefit either on the government or on the performance of government contracts. NDIA is currently contacting other industry groups about meeting with congressional staff to generate support for legislative action to preserve the concurrent jurisdiction.
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