MACH II
MACH II appealed the denial of its claim for payment on an unsigned delivery order under Contract No. SPO500-01-D-0088. The Board granted the government's motion for summary judgment, ruling that the unsigned delivery order did not constitute a binding contract.
Material Facts
- MACH II was awarded Contract No. SPO500-01-D-0088 on 29 August 2001.
- The contract required MACH II to supply equipment in response to individual delivery orders.
- The delivery order in dispute, DO0019, was sent to MACH II but was unsigned by the contracting officer.
- MACH II shipped six water purification units to the government in May 2008, despite the unsigned status of DO0019.
- MACH II submitted a certified claim for $238,035.42 on 11 July 2008, asserting that the contracting officer habitually returned signed delivery orders late.
- The contracting officer denied MACH II's claim in a final decision dated 18 August 2008.
Parties
- Appellant
- MACH II
- Respondent Agency
- Defense Logistics Agency
- Contracting Agency
- Defense Supply Center Philadelphia
- Contract Number
- SPO500-01-D-0088
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