60009

Military Aircraft Parts

May 31, 2016Judge O'Sullivan
Partially SustainedContract InterpretationDCMA Involved

Military Aircraft Parts appealed a contracting officer's final decision denying its claim for breach of contract. The Board partially sustained the appeal, finding that the first article met contract requirements.

Material Facts

  • The contract was issued by the Defense Logistics Agency Aviation to MAP on 18 November 2010.
  • The total price of the contract was $7,550.00.
  • MAP did not deliver the first article by the required date of 17 May 2011.
  • The first article was delivered on 30 January 2012 and was disapproved due to dimensional discrepancies.
  • Only three out of twelve holes in the first article were found to be out of tolerance during inspection.
  • The government acknowledged that the inspection process could have caused damage to the part.
  • MAP requested to resubmit a part at no cost, which was denied by the government.
  • The contract was ultimately canceled by the government for failure to meet the first article delivery date.

Parties

Appellant
Military Aircraft Parts
Respondent Agency
Defense Logistics Agency Aviation
Contract Number
SPM4A7-l l-M-Dl 11
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