58733

Duncan Aviation, Inc.

December 2, 2013Judge Tunks
Denied / Government PrevailedCDA Jurisdiction

Duncan Aviation, Inc. appealed a decision regarding its claim for over and above costs under a contract with the Navy, which the Navy sought to dismiss for lack of jurisdiction. The Board denied the Navy's motion to dismiss.

Material Facts

  • The Navy awarded Duncan a firm fixed-price, indefinite delivery, indefinite quantity contract to overhaul landing gear systems for T-34 and T-44 aircraft.
  • Duncan submitted a Request for Equitable Adjustment (REA) for over and above costs incurred from 1 July 2006 through 1 August 2007.
  • Duncan's REA was not certified when initially submitted but was later certified on 25 August 2010.
  • The contracting officer rejected Duncan's certification, stating it was not properly certified.
  • Duncan appealed the deemed denial of its claim to the Board on 17 June 2013.

Parties

Appellant
Duncan Aviation, Inc.
Respondent Agency
Navy
Contract Number
N00019-06-D-0018
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