6207562780

D-STAR Engineering Corporation

October 14, 2021Judge Witwer
Partially SustainedQuantum / DamagesTermination for ConvenienceDCAA InvolvedDCMA Involved

D-STAR Engineering Corporation appealed a government decision regarding a cost-plus-fixed-fee contract, specifically challenging a penalty request and several compensation requests. The Board granted the government's motion to dismiss the penalty request and deferred ruling on the compensation requests.

Material Facts

  • The Department of the Air Force awarded a cost-plus-fixed-fee contract to D-STAR Engineering Corporation on July 16, 2012.
  • The contract required the appellant to build a fuel-to-power generation system for an unmanned air vehicle.
  • The government terminated the contract for convenience on November 1, 2013.
  • D-STAR Engineering Corporation submitted several termination settlement proposals, with the final proposal requesting a net payment of $442,783.01.
  • The Defense Contract Audit Agency questioned $925,624 in claimed costs and settlement expenses in its audit report.
  • The contracting officer issued a debt determination letter asserting that the appellant was indebted to the government in the amount of $482,841 for overpayments.
  • The contracting officer later reduced the amount of indebtedness to $326,583 in a final decision issued in March 2019.
  • D-STAR Engineering Corporation appealed the final decision to the Board in May 2019, which was docketed as ASBCA No. 62075.
  • In January 2021, the appellant appealed another final decision to the Board, which was docketed as ASBCA No. 62780 and consolidated with ASBCA No. 62075.

Parties

Appellant
D-STAR Engineering Corporation
Respondent Agency
Department of the Air Force
Contracting Agency
Defense Contract Management Agency
Contract Number
FA8650-12-C-7243
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