58671

Ensign-Bickford Aerospace & Defense Company

May 5, 2014Judge Thrasher
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverCDA JurisdictionDCAA InvolvedDCMA Involved

Ensign-Bickford Aerospace & Defense Company appealed a government motion to dismiss for lack of jurisdiction regarding a termination settlement proposal. The Board denied the motion, retaining jurisdiction over the appeal.

Material Facts

  • Ensign-Bickford Aerospace & Defense Company entered into Contract No. DAAE30-03-C-1167 with the U.S. Army on 26 September 2003.
  • The contract was a cost-plus-fixed-fee type contract for various training kits.
  • The contract was terminated for convenience on 16 December 2009.
  • EBA&D submitted its TSP on 15 December 2010, seeking a total of $1,653,557.
  • The contracting officer responded on 6 January 2011 regarding the CDA certification.
  • EBA&D filed its notice of appeal on 23 May 2013 after the TCO indicated negotiations would not close the gap between the parties' positions.

Parties

Appellant
Ensign-Bickford Aerospace & Defense Company
Respondent Agency
U.S. Army
Contracting Agency
Army Tank-Automotive and Armaments Command; Armament Research, Development and Engineering Center
Contract Number
DAAE30-03-C-1167
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