61397

L&M Technologies, Inc.

November 20, 2018Judge Clarke
Sustained / Appellant PrevailedContract InterpretationDCAA InvolvedDCMA Involved

L&M Technologies, Inc. appealed a decision regarding the interpretation of a contract clause on unallowable costs, claiming $683,739.31 based on indirect rates. The Board sustained the appeal, determining that the rate cap in Clause B.8 did not apply.

Material Facts

  • NASA awarded L&M Contract No. NNJ08JA01C for logistics operations services.
  • The contract included a clause dealing with unallowable costs.
  • L&M claimed $683,739.31 based on DCMA's 2009 final indirect rates.
  • NASA rejected Invoice No. 67 because the 2009 provisional rates had not been approved by DCAA.
  • L&M was directed by NASA to use the 2008 DCAA-approved rates in its invoices.
  • L&M's 2009 provisional rates were approved by DCAA on July 15, 2009.
  • L&M submitted Invoice No. 200 on September 14, 2010, which was paid by NASA.

Parties

Appellant
L&M Technologies, Inc.
Respondent Agency
NASA
Contracting Agency
NASA Johnson Space Center
Contract Number
NNJ08JA01C
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