Aerospace Facilities Group, Inc.

Material Facts

• AFG contracted to deliver paint booth equipment to the Corpus Christi Army Depot.
• AFG failed to deliver the equipment by the contract's June 28, 2016 deadline.
• The government withheld a payment of $342,600 from AFG due to AFG's failure to deliver equipment under a different contract.
• AFG admitted it did not deliver the equipment on time and attributed its failure to the government's withholding of payments.
• AFG could have paid its supplier for the equipment from its corporate funds but chose not to do so.

Parties

Appellant

Aerospace Facilities Group, Inc.

Respondent Agency

Department of the Army

Contract Number

W912NW-12-C-0035