ACR Machine, Inc.
ACR Machine, Inc. appealed a government motion to dismiss for lack of jurisdiction under the Contract Disputes Act, asserting a claim for termination for convenience after a delivery order was canceled. The Board denied the government's motion, affirming jurisdiction based on a deemed denial of the claim.
Material Facts
- The Defense Logistics Agency awarded Contract No. SPM7L4-10-M-0956 to ACR on 19 January 2010.
- The contract ordered 35 operating slide cams with a delivery date of 30 August 2010.
- ACR requested a delivery extension on 17 December 2010 due to production issues.
- On 28 June 2011, DLA issued unilateral Modification No. POOOO1 stating that the contract had lapsed.
- ACR stated it could not accept the cancellation and requested a termination for convenience in an email dated 29 June 2011.
- ACR's email was characterized as a claim under the CDA.
Parties
- Appellant
- ACR Machine, Inc.
- Respondent Agency
- Defense Logistics Agency
- Contract Number
- SPM7L4-10-M-0956
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