NOVA Technology Corporation

Material Facts

• NOVA's cooperative agreement was accepted on 4 November 2002 for an estimated cost of $546,100.
• The cooperative agreement did not incorporate any clause set forth in FAR Part 52.
• Modification No. P00003 extended the cooperative agreement to 31 October 2006 and increased its estimated cost to $3,499,465.
• A DCAA audit disallowed $260,645 of NOVA's costs allocated to the cooperative agreement.
• On 25 January 2011, the Contract/Grants Officer issued a decision that NOVA was indebted to the government in the amount of $260,645.
• MAJ GEN Gilman's letter found that NOVA owed the government $234,382.07.
• NOVA filed a timely Notice of Appeal to the ASBCA on 20 January 2012.

Parties

Appellant

NOVA Technology Corporation

Respondent Agency

U.S. Army Medical Research and Material Command

Contracting Agency

U.S. Army Medical Research Acquisition Activity

Contract Number

DAMD 17 -03-2-0007