60692

Military Aircraft Parts

January 5, 2017Judge Paul
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Military Aircraft Parts appealed a contracting officer's final decision denying its monetary claim of $10,673. The Board granted the government's motion for summary judgment, denying the appeal based on release and accord and satisfaction doctrines.

Material Facts

  • The Defense Logistics Agency awarded Contract No. SPM4A7-11-M-M395 to MAP on 26 April 2011.
  • MAP failed to submit first article test samples by the required date, submitting them over six months late.
  • The first articles were inspected and rejected due to dimensional discrepancies.
  • The contracting officer issued a show cause notice regarding the potential termination for default.
  • The parties executed Modification No. POOOO1 on 13 September 2013, which included a release of claims.
  • MAP submitted a claim to the contracting officer on 14 March 2016, which was denied based on the release language.

Parties

Appellant
Military Aircraft Parts
Respondent Agency
Department of Defense
Contracting Agency
Defense Logistics Agency
Contract Number
SPM4A7-11-M-M395
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