59133

Capy Machine Shop, Inc.

October 8, 2015Judge Tunks
Sustained / Appellant PrevailedTermination for DefaultAccord & Satisfaction / Release / Waiver

Capy Machine Shop, Inc. appealed a default termination of its contract to supply aircraft parts, which the Board converted to a termination for convenience.

Material Facts

  • Capy accepted Order No. SPE4A7-13-M-D099 to supply 27 splice fairings to the government for $52,232.85.
  • The contract incorporated FAR 52.249-8, which allowed the government to terminate for default under certain conditions.
  • Capy's subcontractor amended its quotation to include a tooling charge of $26,512.00, which was not included in Capy's original quotation.
  • Capy requested cancellation of the contract due to the inability to locate tooling.
  • The contracting officer issued a show cause notice before terminating the contract for default.

Parties

Appellant
Capy Machine Shop, Inc.
Respondent Agency
Defense Logistics Agency Aviation
Contract Number
SPE4A7-13-M-D099
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