61026

Aerospace Facilities Group, Inc.

July 19, 2018Judge Shackleford
Sustained / Appellant PrevailedCDA Jurisdiction

Aerospace Facilities Group, Inc. appealed the government's termination for cause of its contract, claiming the appeal was timely due to government actions that vitiated the finality of the termination decision. The Board denied the government's motion to dismiss for lack of jurisdiction.

Material Facts

  • The Department of the Army awarded Contract No. W912NW-12-C-0035 to Aerospace Facilities Group, Inc. on September 27, 2012.
  • The contracting officer issued Modification No. P00008 to terminate the contract for cause on August 4, 2016.
  • The appellant received the termination notice via email on August 4, 2016.
  • The appellant filed its notice of appeal with the Board on November 8, 2016, 91 days after receiving the termination notice.
  • The government engaged in multiple communications with the appellant after the termination notice, discussing potential delivery of equipment and proposals to mitigate liability.

Parties

Appellant
Aerospace Facilities Group, Inc.
Respondent Agency
Department of the Army
Contracting Agency
Department of the Army
Contract Number
W912NW-12-C-0035
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