58173

Shubhada Industries

March 21, 2013Judge Younger
Denied / Government PrevailedCDA JurisdictionContract Formation / ExistenceDCMA Involved

Shubhada Industries appealed a government motion to dismiss its claim regarding a termination settlement determination, asserting its validity as a corporate entity. The Board denied the government's motion, allowing the appeal to proceed.

Material Facts

  • The Defense Supply Center issued a request for quotations for specified cover assembly ducts on 9 April 2010.
  • Shubhada Industries submitted a quotation on 28 April 2010 using CAGE Code 0UTX2.
  • The contract was awarded to Shubhada Industries on 7 May 2010 for $99,597.
  • The contract included various standard clauses, including FAR 52.204-7 and FAR 52.249-1.
  • The Center issued unilateral modifications to the contract, including a stop work order and a termination for convenience.
  • Shubhada Industries submitted a final settlement proposal seeking $58,059.21 in termination settlement costs.
  • The government offered Shubhada Industries $500 in settlement termination expenses, which was not accepted.

Parties

Appellant
Shubhada Industries
Respondent Agency
Defense Contract Management Agency
Contract Number
SPM4A7-10-M-C273
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