Military Aircraft Parts

June 3, 2016Judge O'Sullivan

DismissedCDA JurisdictionFailure to Prosecute / Dismissal

Military Aircraft Parts appealed a deemed denial of its claim for breach of contract related to two purchase orders. The Board dismissed the appeal for lack of jurisdiction due to untimely appeals of default terminations.

Material Facts

DLA awarded Contract No. SPM4A7-12-M-3284 to MAP for aircraft structural parts on 23 January 2012.
Contract 3284 required a first article and ten production parts for a total price of $15,250.
DLA awarded Contract No. SPM4A7-12-M-3228 to MAP on the same date for mirror-image aircraft structural parts, also for a total price of $15,250.
Both contracts contained the FAR 52.209-4 clause regarding first article approval.
MAP delivered parts for first article testing to Hill AFB between 23 October and 29 October 2012.
DLA disapproved MAP's first article submission on 24 January 2013 for multiple reasons.
DLA issued a Show Cause Notice on 21 February 2013 regarding Contract 3228, stating the government was considering terminating the contract for default.
MAP did not file a timely appeal of the termination decisions.
On 27 April 2015, MAP submitted a claim for breach of contract damages amounting to $43,333.98.
The contracting officer responded on 22 May 2015 that DLA Aviation was unwilling to revisit its previous decisions.

Parties

Appellant: Military Aircraft Parts
Respondent Agency: DLA Aviation
Contract Number: SPM4A7-12-M-3228, SPM4A7-12-M-3284

Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.