62458

Left Hand Design Corporation

November 7, 2024Judge Young
Denied / Government PrevailedDefective Pricing / TINADCAA InvolvedDCMA Involved

Left Hand Design Corporation appealed a claim by the Defense Contract Management Agency for penalties related to unallowable costs. The Board denied the appeal, affirming the government's penalty assessment.

Material Facts

  • LHDC submitted its Fiscal Years 2009 through 2015 final indirect cost rate proposals to the Administrative Contracting Officer on April 3, 2017.
  • DCAA released an Independent Audit Report on LHDC’s Proposed Amounts on Unsettled Flexibly Priced Contracts for FYs 2009 through 2015 on August 8, 2018.
  • The Audit Report questioned several costs as unallowable and subject to penalty for FYs 2009 through 2015.
  • The ACO issued penalty waivers for FYs 2009, 2012, and 2015 based on the amount of unallowable costs being under $10,000.
  • The ACO determined that costs in the amount of $177,343 were unallowable for FY 2011, with a penalty of $59,977.
  • For FY 2013, the ACO determined costs in the amount of $236,241 were expressly unallowable, with a penalty of $12,426.

Parties

Appellant
Left Hand Design Corporation
Respondent Agency
Defense Contract Management Agency
Contract Number
N00014-10-C-0306
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