Military Aircraft Parts

Material Facts

• DLA awarded MAP contract 4479 for aircraft structural parts on 15 February 2012 for a total price of $16,225.
• Contracts 3228 and 3284 incorporated a default clause, while contract 4479 did not.
• The contracting officer's final decision (COFD) relating to contract 4479 advised MAP that the contract was being terminated for default.
• MAP did not challenge DLA's default termination of any of the three contracts within the 90-day appeal period set forth in the CDA.
• MAP submitted a claim for breach of contract damages on 27 April 2015, which was deemed denied.
• DLA moved to dismiss for lack of jurisdiction on 28 August 2015, arguing that MAP's appeal was not timely.

Parties

Appellant

Military Aircraft Parts

Respondent Agency

DLA Aviation

Contract Number

SPM4A7-12-M-4479