Scot Cardillo dba Engineers Tooling Support

Material Facts

• ETS is a sole proprietorship owned by Scot Cardillo.
• The contract required fabrication, inspection, and delivery of primer cups and anvils for naval-aircraft ejection systems.
• The contract required performance at the Naval Surface Warfare Center in Indian Head, Maryland, using government-provided facilities, equipment, and material.
• The contract identified government-furnished tool and die sets and required ETS to maintain the die sets and manufacture critical wear parts as needed to meet the drawings.
• The contract stated that the use of government-furnished equipment and material did not relieve ETS of responsibility for meeting contract and drawing requirements.
• The contract incorporated FAR 52.245-1, including provisions concerning the suitability and delivery of government-furnished property.
• Government personnel later stated that the government did not possess necessary fabrication data and that the drawing dimensions did not match actual hardware dimensions.
• ETS presented claims for costs associated with tooling and parts, scrap-material management, facilities and equipment, overages, delays, and professional services.
• ETS never delivered the overages for which it sought compensation.
• The McGrath Law Group invoice described services associated with ETS's termination settlement proposal.

Parties

Appellant

Scot Cardillo dba Engineers Tooling Support

Respondent Agency

Navy

Contracting Agency

Navy

Contract Number

N00174-11-D-0004