61408

Cellular Materials International, Inc.

December 27, 2021Judge O'Connell
Denied / Government PrevailedCost Allowability / Allocability (FAR 31)DCAA InvolvedDCMA Involved

Cellular Materials International, Inc. appealed a government claim regarding disputed billing rates and indirect costs. The Board granted the government's motion for summary judgment and denied the appellant's motion.

Material Facts

  • CMI submitted final indirect cost proposals for fiscal years 2010 – 2014.
  • DCAA initially informed CMI that its proposals were low risk and would not be audited.
  • CMI revised its proposals to add $425,000 in G&A costs for a consultant, Mr. Haydn Wadley.
  • DCAA performed an audit and questioned all $425,000 in consultant costs due to lack of supporting documentation.
  • The contracting officer issued a final decision establishing final indirect cost rates and asserting a demand for payment of $511,119.
  • CMI produced documents showing payments of $219,583.23 to Mr. Wadley, which were agreed to be allowable costs.
  • The remaining disputed amount was $205,416.57, related to unpaid promissory notes to Mr. Wadley.

Parties

Appellant
Cellular Materials International, Inc.
Contracting Agency
Defense Advanced Research Projects Agency
Contract Number
HR0011-10-C-0054
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