RESTATEMENT OF PREVIOUSLY ISSUED CONSOLIDATED FINANCIAL STATEMENTS | 14. RESTATEMENT OF PREVIOUSLY ISSUED CONSOLIDATED FINANCIAL STATEMENTS As previously reported, on June 4, 2021, the Audit and Finance Committee determined, based on the recommendation of management and in consultation with CohnReznick that the Company’s financial statements which were included in its Annual Report on Form 10-K for the year ended December 31, 2020 and Quarterly Reports on Form 10-Q for the quarters ended March 31, 2020, June 30, 2020, and September 30, 2020 as filed with the SEC should no longer be relied upon due to the Inventory Costing Errors and that management’s reports on the effectiveness of internal control over financial reporting, press releases, and investor communications describing the Company’s financial statements for such periods should no longer be relied upon. The Company’s management identified the Inventory Costing Errors during its inventory testing procedures for the preparation of the Company’s financial statements for the quarterly period ended March 31, 2021. At the time of the June 2021 disclosure, the Company estimated and disclosed that the Inventory Costing Errors were expected to increase 2020 net loss reported on the Annual Report on Form 10-K for the year ended December 31, 2020 by $1.9 million to $2.3 million. The Company has determined that the Inventory Costing Errors increased 2020 net loss by $2,010,084. The correction of the Inventory Costing Errors resulted in the determination that certain contracts were in a loss position and certain inventory items required additional reserves. The Company re-evaluated the sufficiency of its provisions for loss contracts and inventory reserves that it had previously recorded and concluded that increases to these reserves were required. It was further determined by management that the appropriate starting point for increasing the Insufficient Reserves was during the fourth quarter of 2019. On November 16, 2021, the Audit and Finance Committee determined, based on the analysis and recommendation of management and in consultation with CohnReznick, that the Company’s financial statements as of and for the period ended December 31, 2019 which were included in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2019 should no longer be relied upon due to errors in such financial statements relating to the recording and reporting of the Insufficient Reserves, that, similarly, management’s reports on the effectiveness of internal control over financial reporting, press releases, and investor communications describing the Company’s financial statements for such period should no longer be relied upon, and stated that the Company expected to restate its Annual Report on Form 10-K for the years ended December 31, 2020 and December 31, 2019, and its Original Forms 10-Q by filing a Comprehensive Form 10-K/A. The Company, upon conducting an analysis of the impact of the Insufficient Reserves on previously reported financial results, determined that net loss for the years ended December 31, 2020 and 2019 is $324,231 and $2,189,728, respectively, greater than the net loss reported in the Annual Report on Form 10-K for the fiscal year ended December 31, 2020 and the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2019. Considering both the Inventory Costing Errors and the Insufficient Reserves, the Company determined that the net loss for the years ended December 31, 2020 and 2019 is $2,334,315 and $2,300,083, respectively, greater than the net loss reported in the Annual Report on Form 10-K for the fiscal year ended December 31, 2020 and the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2019 and net loss for the quarters ended March 31, 2020 and June 30, 2020 is $544,836 and $763,730, respectively, greater than the net loss reported in the respective Quarterly Reports on Form 10-Q for such periods and the net income for the quarter ended September 30, 2020 is $24,556 more than the net income reported in the Quarterly Report for such period. The Inventory Costing Errors resulted from software processing and coding errors, inconsistent units of measure being used for quantities ordered and quantities received of certain purchased parts, incorrect accruals to accounting periods of the cost of certain goods received and the Company not having a procedure to address over- or under-absorbed overhead costs at the end of accounting periods. The Inventory Costing Errors affected the income reported with respect to the Company’s Non-POC Contracts. The Inventory Costing Errors did not affect income reported with respect to the Company’s POC Contracts. The Loss Contract Reserve and the Additional Inventory Reserves also only affect the income reported with respect to the Company’s Non-POC Contracts, and do not affect the income reported with respect to the Company’s POC Contracts. The Inventory Costing Errors and the Insufficient Reserves did not affect either prior reported revenue or cash flow for fiscal 2020 and 2019. Management has considered the effect of the Inventory Costing Errors and the Insufficient Reserves on the Company’s prior conclusions of the adequacy of its internal control over financial reporting and disclosure controls and procedures as of the end of each of the applicable periods. As a result of the Inventory Costing Errors and the Insufficient Reserves, management has determined that a material weakness existed in the Company’s internal control over financial reporting as of the end of the quarterly periods ended March 31, 2020, June 30, 2020, September 30, 2020 and for the years ended December 31, 2020 and 2019. See Part II Item 9A – Controls and Procedures within the Comprehensive Form 10-K/A for a description of these matters. As a result of the restatement included caused by the Inventory Costing Errors and Insufficient Reserves, the Company reported net loss for the years ended December 31, 2020 and December 31, 2019 which is $2,334,315 and $2,300,083, respectively, greater than the net loss reported in the Original Form 10-K and the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2019, net loss for the quarters ended March 31, 2020 and June 30, 2020 which is $544,836 and $763,730, respectively, greater than the net loss reported in the respective Original Forms 10-Q, and net income for the quarter ended September 30, 2020 which is $24,556 greater than the net income reported in the Original Form 10-Q. The Inventory Costing Errors and the Insufficient Reserves did not affect reported revenue or cash flows for the years ended December 31, 2020 or December 31, 2019, or for the quarters ended March 31, June 30 and September 30, 2020. 2020 and 2019 Restatement The following is a discussion of the restatement adjustments that were made to the Company’s previously issued December 31, 2020 and December 31, 2019 consolidated financial statements due to the Inventory Costing Errors, Loss Contract Reserve and Additional Inventory Reserves. (a) Inventory Costing Errors The Company determined that the Inventory Costing Errors resulted in incorrectly reported inventory values and reported income for the annual periods ended December 31, 2020 and December 31, 2019, and the quarterly periods ended March 31, 2020, June 30, 2020 and September 30, 2020. The Inventory Costing Errors were comprised of the following: 1) Labor costs for work in process were overstated in the detailed inventory records due to an automated reversing entry not processing correctly; 2) A customized IT program to calculate weighted average cost was not tested thoroughly enough, which allowed errors in average cost calculations to occur in certain situations; 3) Units of measure were not consistent between quantities ordered and quantities received for certain classes of purchased parts, which resulted in overstatements of inventory values due to units of measure not being consistent with unit prices on purchase orders to suppliers; 4) The cost of goods received which had not yet processed through the Company’s quality inspection process at the time of the period-end accounting closes were not properly accrued to the period financial statements; 5) The Company did not have a process to address over-absorbed or under-absorbed overhead costs at the end of each accounting period. (b) Loss Contract Reserve After correcting its financial statements for the Inventory Costing Errors, the Company determined that is was a party to some contracts to deliver product upon which the Company would lose money, and thus the Company’s Loss Contract Reserve was increased accordingly for the year ended December 31, 2020 and December 31, 2019, and for the quarterly periods ended March 31, 2020, June 30, 2020 and September 30, 2020. (c) Additional Inventory Reserves After correcting its financial statements for the Inventory Costing Errors, the Company determined that its inventory required additional reserves to reflect current market value and demand, and thus the Company’s Inventory Reserves were increased accordingly for the year ended December 31, 2020 and December 31, 2019, and for the quarterly periods ended March 31, 2020, June 30, 2020 and September 30, 2020. (d) Income taxes There were no material tax adjustments to the Company’s provision for/(benefit from) income taxes or net deferred tax assets (liabilities) related to the impact of the 2020 and 2019 restatement. The following tables present the impact of the restatement on the Company’s previously reported financial statements as of December 31, 2020 and March 31, 2020: Impact on Consolidated Balance Sheets The effect of the Restatement described above on the accompanying consolidated balance sheet as of December 31, 2020 is as follows: Consolidated Balance Sheet as at December 31, 2020 As Previously Reported Inventory Costing Errors Loss Contract Reserve Additional Inventory Reserve As Restated ASSETS Current Assets: Cash $ 6,033,537 $ — $ — $ — $ 6,033,537 Accounts receivable, net 4,962,906 4,962,906 Contract assets 19,729,638 19,729,638 Inventory 9,567,921 (1,875,950 ) (1,305,683 ) 6,386,288 Refundable income taxes 40,000 40,000 Prepaid expenses and other current assets 534,857 534,857 Total Current Assets 40,868,859 (1,875,950 ) — (1,305,683 ) 37,687,226 Operating lease right-of-use assets 4,075,048 4,075,048 Property and equipment, net 2,521,742 2,521,742 Intangibles, net 250,000 250,000 Goodwill 1,784,254 1,784,254 Other assets 191,179 191,179 Total Assets $ 49,691,082 $ (1,875,950 ) $ — $ (1,305,683 ) $ 46,509,449 Liabilities and Shareholders’ Deficit Current Liabilities: Accounts payable $ 12,092,684 $ — $ — $ — $ 12,092,684 Accrued expenses 5,693,518 244,403 5,937,921 Contract liabilities 1,650,549 1,650,549 Loss reserve 800,971 1,208,276 2,009,247 Current portion of long-term debt 6,501,666 6,501,666 Operating lease liabilities 1,819,237 1,819,237 Income taxes payable 862 86 948 Total Current Liabilities 28,559,487 244,489 1,208,276 — 30,012,252 Line of credit 20,738,685 20,738,685 Long-term operating lease liabilities 2,537,149 2,537,149 Long-term debt, net of current portion 6,205,095 6,205,095 Total Liabilities 58,040,416 244,489 1,208,276 — 59,493,181 Shareholders’ Deficit: Common stock 11,951 11,951 Additional paid-in capital 72,005,841 72,005,841 Accumulated deficit (80,367,126 ) (2,120,439 ) (1,208,276 ) (1,305,683 ) (85,001,524 ) Total Shareholders’ Deficit (8,349,334 ) (2,120,439 ) (1,208,276 ) (1,305,683 ) (12,983,732 ) Total Liabilities and Shareholders’ Deficit $ 49,691,082 $ (1,875,950 ) $ — $ (1,305,683 ) $ 46,509,449 The effect of the Restatement described above on the accompanying consolidated statement of operations for the three months ended March 31, 2020 is as follows: Consolidated Statement of Operation For the three months ended March 31, 2020 (Unaudited) As Previously Reported Inventory Costing Errors Loss Contract Reserve Inventory Reserve As Restated Revenue $ 16,858,386 $ — $ — $ — $ 16,858,386 Cost of sales 16,160,567 315,999 9,371 219,466 16,705,403 Gross profit 697,819 (315,999 ) (9,371 ) (219,466 ) 152,983 Selling, general and administrative expenses 3,093,090 3,093,090 Loss from operations (2,395,271 ) (315,999 ) (9,371 ) (219,466 ) (2,940,107 ) Other expense: Interest expense (416,670 ) (416,670 ) Loss before provision for income taxes (2,811,941 ) (315,999 ) (9,371 ) (219,466 ) (3,356,777 ) Provision for income taxes 578 — — — 578 Net loss $ (2,812,519 ) $ (315,999 ) $ (9,371 ) $ (219,466 ) $ (3,357,355 ) Loss per common share - basic $ (0.24 ) $ (0.03 ) $ (0.00 ) $ (0.02 ) $ (0.29 ) Loss per common share - diluted $ (0.24 ) $ (0.03 ) $ (0.00 ) $ (0.02 ) $ (0.29 ) Basic 11,837,014 — — — 11,837,014 Diluted 11,837,014 — — — 11,837,014 Cumulative Effect of Prior Period Adjustments The following table presents the impact of the Restatement on the Company’s shareholders’ deficit as of December 31, 2019 (as restated), March 31, 2020 (as restated), June 30, 2020 (as restated), September 30, 2020 (as restated) and December 31, 2020 (as restated): Common Stock Common Additional Paid-in Accumulated Deficit Total Balance, December 31, 2019 (As Restated) 11,818,830 $ 11,819 $ 71,294,629 $ (81,346,771 ) $ (10,040,323 ) Net Loss (as previously reported) — — — $ (2,812,519 ) $ (2,812,519 ) Inventory Costing Errors — — — (315,999 ) (315,999 ) Loss Contract Reserve — — — (9,371 ) (9,371 ) Inventory Reserve — — — (219,466 ) (219,466 ) Cumulative restatement adjustments — — — (544,836 ) (544,836 ) Net Loss (as restated) (3,357,355 ) (3,357,355 ) Stock-based compensation 18,388 18 347,167 — 347,185 Balance, March 31, 2020 (As Restated) 11,837,218 $ 11,837 $ 71,641,796 $ (84,704,126 ) $ (13,050,493 ) Net Loss (as previously reported) $ (596,831 ) $ (596,831 ) Inventory Costing Errors — — — (510,244 ) (510,244 ) Loss Contract Reserve — — — (190,035 ) (190,035 ) Inventory Reserve — — — (63,451 ) (63,451 ) Cumulative restatement adjustments — — — (763,730 ) (763,730 ) Net Loss (as restated) (1,360,561 ) (1,360,561 ) Stock-based compensation 18,388 19 189,184 — 189,203 Balance, June 30, 2020 (As Restated) 11,855,606 $ 11,856 $ 71,830,980 $ (86,064,687 ) $ (14,221,851 ) Net Income (as previously reported) $ 815,209 $ 815,209 Inventory Costing Errors — — — (112,446 ) (112,446 ) Loss Contract Reserve — — — 206,159 206,159 Inventory Reserve — — — (69,157 ) (69,157 ) Cumulative restatement adjustments — — — 24,556 24,556 Net Income (as restated) 839,765 839,765 Stock-based compensation 70,571 70 141,031 — 141,101 Balance, September 30, 2020 (As Restated) 11,926,177 $ 11,926 $ 71,972,011 $ (85,224,922 ) $ (13,240,985 ) Net Income $ 1,273,703 $ 1,273,703 Inventory Costing Errors — — — (1,071,395 ) (1,071,395 ) Loss Contract Reserve — — — 99,921 99,921 Inventory Reserve — — — (78,831 ) (78,831 ) Cumulative restatement adjustments — — — (1,050,305 ) (1,050,305 ) Net Income (as restated) 223,398 223,398 Stock-based compensation 25,094 25 33,830 — 33,855 Balance, December 31, 2020 (As Restated) 11,951,271 $ 11,951 $ 72,005,841 $ (85,001,524 ) $ (12,983,732 ) Impact on Consolidated Statement of Cash Flows The effect of the Restatement described above on the accompanying consolidated statement of cash flows for the three months ended March 31, 2020 is as follows: Consolidated Statements of Cash Flows for the three months ended March 31, 2020 (Unaudited) As Previously Reported Inventory Costing Errors Loss Contract Reserve Inventory Reserve As Restated Cash flows from operating activities: Net Loss $ (2,812,519 ) $ (315,999 ) $ (9,371 ) $ (219,466 ) $ (3,357,355 ) Adjustments to reconcile net loss to net cash used in operating activities: Depreciation and amortization 256,284 256,284 Amortization of debt issuance cost 35,437 35,437 Cash expended in excess of rent expense (38,644 ) (38,644 ) Stock-based compensation expense 347,185 347,185 Bad debt expense (51,369 ) (51,369 ) Changes in operating assets and liabilities: Decrease in accounts receivable 973,002 973,002 Increase in contract assets (533,743 ) (533,743 ) Increase in inventory (1,048,752 ) 242,857 — 219,466 (586,429 ) Decrease in prepaid expenses and other current assets 26,549 26,549 Decrease in refundable income taxes 1,506 1,506 Increase in accounts payable and accrued expenses 735,282 73,142 808,424 Increase in contract liabilities 1,187,667 1,187,667 Decrease in loss reserve (505,407 ) — 9,371 — (496,036 ) Net cash used in operating activities (1,427,522 ) — — — (1,427,522 ) Cash flows from investing activities: Purchase of property and equipment (3,200 ) — — — (3,200 ) Net cash used in investing activities (3,200 ) — — — (3,200 ) Cash flows from financing activities: Payments on long-term debt (622,690 ) — — — (622,690 ) Net cash used in financing activities (622,690 ) — — — (622,690 ) Net decrease in cash and restricted cash (2,053,412 ) — — — (2,053,412 ) Cash and restricted cash at beginning of year 5,432,793 — — — 5,432,793 Cash and restricted cash at end of period $ 3,379,381 $ — $ — $ — $ 3,379,381 Supplemental disclosures of cash flow information: Cash paid during the year for interest $ 450,191 $ — $ — $ — $ 450,191 Cash (received) from income taxes $ (928 ) $ — $ — $ — $ (928 ) |