61422

Precision Metals Corp.

April 16, 2018Judge Younger
DismissedCDA JurisdictionFailure to Prosecute / Dismissal

Precision Metals Corp. appealed the government's termination of its contract for default, but the Board dismissed the appeal for lack of jurisdiction due to untimeliness.

Material Facts

  • On 16 July 2015, the government awarded Contract No. SPE7Ll-15-M-2140 to Precision for the purchase of 'leg, machine gun bipod, left hand' parts.
  • The total award amount of the contract was $22,440.00.
  • The contract contained various standard clauses, including FAR 52.209-3, FAR 52.233-1, and FAR 52.249-8.
  • The contract was modified twice during performance, including an extension of the first article test delivery date to 12 August 2016.
  • By letter dated 13 March 2017, the government issued a show cause notice to Precision for failure to deliver the first article test.
  • Precision indicated it would deliver the materials by 10 May 2017.
  • The contracting officer warned that if the first article test report were not delivered by 10 May 2017, the contract may be terminated.
  • By final decision dated 12 May 2017, the contracting officer terminated the contract for default.
  • Precision requested reconsideration of the final decision by email dated 15 May 2017.
  • Precision filed a notice of appeal with the Board by email dated 21 November 2017.

Parties

Appellant
Precision Metals Corp.
Respondent Agency
DLA Land and Maritime
Contract Number
Contract No. SPE7Ll-15-M-2140
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