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USAC Aerospace Group Inc. dba USAC Aerospace Group: Aerostructures

December 4, 2014Judge Page
Partially SustainedCDA JurisdictionStatute of Limitations / TimelinessFailure to Prosecute / Dismissal

USAC Aerospace Group Inc. appealed the government's termination for default of its contract and delivery orders. The Board dismissed some appeals as untimely but upheld the appeal for one delivery order.

Material Facts

  • DLA awarded USAC an indefinite quantity contract for latches on 3 May 2010.
  • The contract required a First Article Test (FAT) within 90 days of contract award.
  • DLA issued a series of contract modifications due to USAC's failure to timely submit a sample latch for the FAT.
  • On 19 September 2013, the CO issued five COFDs terminating the contract and delivery orders for default.
  • USAC received the COFDs on 25 September 2013 and had 90 days to appeal.
  • USAC sent emails to the CO on 31 December 2013 expressing its intent to appeal.
  • The Board received USAC's mailed notices of appeal on 3 January 2014.

Parties

Appellant
USAC Aerospace Group Inc. dba USAC Aerospace Group: Aerostructures
Respondent Agency
Defense Logistics Agency
Contract Number
SPM4A6-10-D-0188
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