Ball Aerospace & Technologies Corp.

Material Facts

• NASA awarded Contract No. NAS5-00190 to Ball Aerospace & Technology Corp. on 15 August 2000.
• The contract included FAR 52.233-1, DISPUTES (DEC 1998), defining a claim.
• Ball Aerospace submitted its FY 2003 indirect incurred cost rate proposal on 30 June 2004.
• The Defense Contract Audit Agency (DCAA) audit report questioned $1,546,598 of the indirect costs.
• The parties negotiated indirect expense rates, and Ball Aerospace confirmed acceptance of the rates in April 2006.
• Ball Aerospace notified the DACO of a duplicate cost inclusion in the FY 2003 rate calculation on 18 February 2007.
• On 27 July 2010, Ball Aerospace submitted a certified claim stating a sum certain amount of $72,730.29.
• The DACO issued a final decision denying the claim on 14 December 2010.

Parties

Appellant

Ball Aerospace & Technologies Corp.

Respondent Agency

Defense Contract Management Agency

Contract Number

NAS5-00190