Southern Defense Systems, Inc.

Material Facts

• The government and SDS entered into Contract No. F33657-96-D-2018 for aircraft support equipment.
• SDS sought to recover a 20% pass-through rate on purchases made under Delivery Order No. 20 instead of the 6.4% rate agreed to.
• SDS alleged that the lower rate resulted from a mistake and charged the government with bad faith and coercion.
• The Board found that the contract allowed for modification of the pass-through rate.
• SDS's claims of coercion and bad faith were not substantiated by evidence.

Parties

Appellant

Southern Defense Systems, Inc.

Respondent Agency

Department of the Air Force

Contracting Agency

Aeronautical Systems Center

Contract Number

F33657-96-D-2018