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Starwin Industries, Inc.

April 22, 2010Judge Dickinson
DismissedAccord & Satisfaction / Release / Waiver

Starwin Industries, Inc. appealed the government's termination for default of six delivery orders for machine gun barrels. The Board granted the government's motion to strike the quantum claim due to lack of jurisdiction.

Material Facts

  • The government terminated six delivery orders issued to Starwin Industries, Inc. for default.
  • Starwin included a demand for monetary relief in its complaint, claiming incurred expenses in excess of $500,000.
  • The government filed a Motion to Strike Quantum, asserting that the Board lacked jurisdiction to hear the monetary relief request.
  • Starwin opposed the motion, arguing that the government contracting officer was aware of a request for payment.
  • The itemization of costs attached by Starwin was neither signed nor certified.

Parties

Appellant
Starwin Industries, Inc.
Respondent Agency
Defense Logistics Agency
Contracting Agency
Defense Supply Center
Contract Number
SPM750-05-D-7707
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