59133

Capy Machine Shop, Inc.

October 22, 2014Judge Tunks
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverContract Interpretation

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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