5658158038

PHI Applied Physical Sciences, Inc.

April 30, 2013Judge Peacock
Partially SustainedAccord & Satisfaction / Release / WaiverQuantum / DamagesDCAA InvolvedDCMA Involved

PHI Applied Physical Sciences, Inc. appealed two decisions regarding cost overruns under a CPFF contract with the Army, claiming reimbursement for costs exceeding the contract ceiling. The Board partially sustained one appeal for a minor amount but denied the other.

Material Facts

  • The contract was a CPFF contract awarded to PHI by the U.S. Army on 12 May 2005.
  • The total estimated cost of the contract was $37,730 with zero fixed fee.
  • PHI submitted multiple vouchers for reimbursement, including claims for cost overruns.
  • The government contended that PHI failed to give notice of the alleged cost overruns in accordance with the contract's Limitation of Cost clause.
  • The Board found that PHI incurred at least $1,546 in allowable unpaid costs.

Parties

Appellant
PHI Applied Physical Sciences, Inc.
Respondent Agency
Department of the Army
Contract Number
W31P4Q-05-C-R188
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