Alion Science and Technology Corporation

November 10, 2015Judge Melnick

Denied / Government PrevailedAccord & Satisfaction / Release / WaiverStatute of Limitations / TimelinessFailure to Prosecute / DismissalDCAA InvolvedDCMA Involved

Alion Science and Technology Corporation appealed a final decision from the Defense Contract Management Agency regarding penalties for allegedly including unallowable costs in its final indirect cost rate proposal for FY 2005. The Board denied Alion's motion for summary judgment, finding that the government's claim was not time-barred.

Material Facts

Alion submitted its final indirect cost rate proposal for FY 2005 on 31 March 2006.
The government asserted a claim for penalties against Alion for including unallowable costs in its proposal.
The ACO determined that Alion's original submission did not include Schedule H, which was necessary for the audit.
DCAA issued an audit report on 19 April 2012 questioning numerous cost elements within Alion's proposal.
The ACO issued a final decision on 21 August 2013 asserting a claim for penalties amounting to $338,921.

Parties

Appellant: Alion Science and Technology Corporation
Respondent Agency: Defense Contract Management Agency
Contract Number: DAAB07-03-D-C213 et al.

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