Inframat Corporation

August 3, 2012Judge James

Denied / Government PrevailedAccord & Satisfaction / Release / WaiverFailure to Prosecute / DismissalDCAA InvolvedDCMA Involved

Inframat Corporation appealed the contracting officer's decision denying its request to waive penalties for unallowable costs in its final indirect cost proposal. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

Inframat Corporation was awarded two contracts by the U.S. Air Force for technical supplies and services.
The contracts incorporated the FAR 52.242-3 clause regarding penalties for unallowable costs.
Inframat submitted a final incurred cost rate proposal for fiscal year 2004 that included expressly unallowable costs.
The Defense Contract Audit Agency questioned several costs as unallowable and recommended penalties.
The contracting officer determined that Inframat's proposal included unallowable costs and imposed penalties totaling $29,016.
Inframat appealed the contracting officer's decision within 90 days, asserting that it had taken corrective actions.

Parties

Appellant: Inframat Corporation
Respondent Agency: Defense Contract Management Agency
Contract Number: F29601-02-C-0031

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