60290

Military Aircraft Parts

February 4, 2016Judge O'Sullivan
Denied / Government PrevailedContract InterpretationCDA JurisdictionDCMA Involved

Military Aircraft Parts appealed the government's motion to dismiss their claim regarding contract cancellations. The Board denied the motion, allowing the appeal to proceed.

Material Facts

  • The government issued multiple orders to Military Aircraft Parts for aircraft fairings for the C-130 aircraft.
  • Order 6653 was accepted on 18 March 2009 and included a termination for convenience clause.
  • MAP shipped two FAT units on 17 May 2012, which were tested and subsequently disapproved.
  • The contracting officer informed MAP that the contract could be terminated for default.
  • MAP submitted a claim for breach of contract on 27 May 2015, citing defective specifications and insufficient justification for first article disapproval.

Parties

Appellant
Military Aircraft Parts
Respondent Agency
DLA Aviation
Contract Number
SPM4A7-09-M-6653
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