5849558516

TTF, L.L.C.

September 3, 2013Judge Hartman
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverContract InterpretationDCMA InvolvedSmall Business

TTF, L.L.C. appealed the termination of its contract by the Defense Logistics Agency, claiming entitlement to price adjustments for delays. The Board denied the appeal, ruling that the contract had lapsed due to nonperformance.

Material Facts

  • TTF submitted a quote for aircraft fuselage fairings under a HUBZone set-aside contract.
  • The Defense Logistics Agency issued a unilateral Purchase Order to TTF for a total price of $88,896.14.
  • TTF subcontracted the manufacturing of the fairings to a non-HUBZone business, Eltee Tool & Die Co.
  • TTF failed to send the first article test report to the correct address, causing delays in evaluation.
  • TTF did not deliver the production quantity of fairings by the required date, leading to a show cause notice.
  • The Contracting Officer canceled the remaining quantity of the Purchase Order due to TTF's failure to deliver.

Parties

Appellant
TTF, L.L.C.
Respondent Agency
Defense Logistics Agency
Contracting Agency
Defense Supply Center Richmond
Contract Number
SPM4A7-09-M-2635
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