59186

USAC Aerospace Group Inc. dba USAC Aerospace Group: Ordnance Division

March 16, 2017Judge Page
DismissedCDA Jurisdiction

USAC Aerospace Group Inc. appealed a dismissal motion by the Defense Logistics Agency, which claimed the contract was a nullity due to USAC's lack of corporate capacity. The Board dismissed the appeal for lack of jurisdiction.

Material Facts

  • DLA issued Request for Proposals SPM4A6-11-C-0156 on 16 February 2011.
  • The contract was awarded to USAC Aerospace Group on 23 May 2011 for $611,850.00, later increased to $630,525.00.
  • USAC's business license was suspended in California on 29 February 2008 and revoked in Nevada on 30 April 2011.
  • USAC failed to notify the government of its loss of corporate status or seek a contract novation.
  • The contract was terminated for default on 6 December 2013 due to USAC's failure to deliver a first article for testing.
  • USAC's notice of appeal was signed by Michael Sammon on behalf of USAC Aerospace Group.

Parties

Appellant
USAC Aerospace Group Inc. dba USAC Aerospace Group: Ordnance Division
Respondent Agency
Defense Logistics Agency
Contract Number
SPM4A6-11-C-0135
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