Capy Machine Shop, Inc.
Capy Machine Shop, Inc. appealed the termination for default of its contract to supply parts for the A-10 aircraft. The Board denied the government's motion for summary judgment, finding that there were material facts in dispute.
Material Facts
- Capy Machine Shop, Inc. accepted Order No. SPE4A7-13-M-D099 to provide 27 splice fairings to DLA Aviation.
- The total contract price was $52,232.85, with a first article delivery date of 6 January 2014.
- The order incorporated FAR 52.249-8, DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984).
- On 7 November 2013, Capy's general manager requested the cancellation of the contract due to an inability to locate tooling.
- On 13 November 2013, the contracting officer issued a show cause notice to Capy.
- On 26 November 2013, Capy communicated that the cost of new tooling was $26,512.00, which was not included in the original quote.
- On 12 December 2013, the contracting officer terminated the contract for default.
- Capy appealed the termination to the Board on 9 January 2014.
Parties
- Appellant
- Capy Machine Shop, Inc.
- Respondent Agency
- Defense Logistics Agency Aviation
- Contract Number
- SPE4A7-13-M-D099
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