61710

Club Car, Inc.

December 30, 2019Judge Kinner
Sustained / Appellant PrevailedContract Interpretation

Club Car, Inc. appealed a final decision from the Army Morale, Welfare, and Recreation Fund regarding the delivery of replacement batteries under a contract. The Board sustained the appeal, ruling in favor of Club Car.

Material Facts

  • The Fund awarded Club Car a contract to supply golf carts on January 3, 2006.
  • The contract period was extended to ten years, ending on July 2, 2016.
  • The contract specified that a replacement battery would be delivered with each golf cart.
  • The Fund ordered replacement batteries only when needed, rather than with each cart delivery.
  • Club Car supplied one set of replacement batteries throughout the contract term when requested.
  • The Fund issued a letter of deficiency on March 14, 2018, demanding further deliveries of replacement batteries.
  • The contracting officer issued a final decision on April 19, 2018, demanding payment of $310,200 for undelivered batteries.

Parties

Appellant
Club Car, Inc.
Respondent Agency
Army Morale, Welfare, and Recreation Fund
Contract Number
NAFBAI-06-D-0022
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