Falmouth Scientific, Inc.

July 3, 2019Judge Prouty

Denied / Government PrevailedQuantum / DamagesCost Allowability / Allocability (FAR 31)Statute of Limitations / TimelinessDCAA InvolvedDCMA InvolvedSmall Business

Falmouth Scientific, Inc. appealed a final decision by the contracting officer regarding the application of indirect cost rates under their contract with the government. The Board granted the government's motion for summary judgment and denied Falmouth's cross-motion.

Material Facts

The contract was awarded to Falmouth by the United States Navy Space and Naval Warfare Systems Command on August 31, 2006.
The contract was primarily a cost-reimbursement contract that included the standard clause from the FAR governing payment for incurred costs.
Falmouth submitted five final incurred cost proposals to the government, with the first two submitted on June 25, 2009.
The Defense Contract Audit Agency identified overpayment of $118,810 for Falmouth's indirect costs, which was later reduced to $100,611.88.
On June 22, 2015, Falmouth executed agreements on final indirect cost rates that resulted in a debt owed to the government of $83,294.88.

Parties

Appellant: Falmouth Scientific, Inc.
Respondent Agency: Defense Contract Management Agency
Contracting Agency: United States Navy Space and Naval Warfare Systems Command
Contract Number: N00039-06-C-0060

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