Symetrics Industries, LLC

Material Facts

• The Department of the Army awarded Symetrics a letter contract for production of 295 Improved Data Modem 304 units.
• Symetrics submitted a firm-fixed-price proposal for the units.
• DCAA audited Symetrics's price proposal, and DCAA Auditor Sherry Hepfner conducted the audit.
• Symetrics submitted a Forward Pricing Rate Proposal to DCMA and DCAA for CFYs 2008 and 2009.
• The FPRP proposed overhead and G&A rates lower than the rates identified in Symetrics's specific price proposal.
• Auditor Hepfner knew of the FPRP and recommended a contract clause addressing possible savings resulting from the FPRP audit.
• The contracting officer and contract specialist's prenegotiation memorandum referenced the FPRP and the DCAA audit report but treated the higher price-proposal rates as the FPRP rates.
• The parties agreed to the contract price for the 295 units, and Symetrics had not revised its price proposal to reflect the FPRP rates or transmitted those rates directly to the contracting officer or contract specialist.
• Symetrics certified that the cost or pricing data submitted in support of the contract were accurate, complete, and current as of 01 April 2008.
• The contracting officer later demanded payment of alleged excess cost plus interest.

Parties

Appellant

Symetrics Industries, LLC

Respondent Agency

Department of the Army

Contracting Agency

Department of the Army

Contract Number

W58RGZ-07-C-0204