Capy Machine Shop, Inc.

Material Facts

• Capy accepted Order No. SPE4A6-13-M-S227 in the amount of $37,431.60 on 25 September 2013.
• The contract required Capy to supply 18 aircraft fairings to the Defense Logistics Agency Aviation.
• The delivery date for the first article was 24 April 2014 and the remaining 17 units were due on 18 February 2015.
• On 18 October 2013, Capy's subcontractor revised its quote adding a one-time tooling charge of $19,647.
• On 7 November 2013, Capy requested a no-cost cancellation of the contract due to an inability to locate tooling.
• The contracting officer issued a show cause notice to Capy on 13 November 2013.
• Capy's contract was terminated for default on 12 December 2013.
• Capy appealed the termination on 19 December 2013.
• The government moved for summary judgment on 4 April 2014, which was denied on 22 October 2014.

Parties

Appellant

Capy Machine Shop, Inc.

Respondent Agency

Defense Logistics Agency Aviation

Contract Number

SPE4A6-13-M-S227