SkyQuest Aviation, LLC

January 7, 2021Judge Sweet

Partially SustainedQuantum / DamagesTermination for Default

SkyQuest Aviation, LLC appealed the government's termination of its contract for cause and sought monetary damages and correction of a contractor performance assessment report. The Board found it lacked jurisdiction over the monetary claim and the CPAR claim but had jurisdiction over the termination for cause claim.

Material Facts

The government awarded SQA Contract No. FA5682-19-P-A040 to provide functional check flight pilot, flight engineer, and related services in exchange for $429,600.
A dispute arose as to whether the 040 Contract required that pilots possess current Air Force (AF) Form 8s.
SQA sent the government an email on October 30, 2019, indicating that it was withdrawing from continued performance under the 040 Contract.
The government sent SQA a Cure Notice on November 21, 2019, asking SQA to notify the CO if it could provide a pilot who met the 040 Contract’s requirements.
SQA responded to the Cure Notice on November 30, 2019, asserting that the 040 Contract did not require that pilots possess current AF Form 8s.
The Cure Notice Response did not include a sum certain or a certification.
The government terminated the 040 Contract for cause on April 7, 2020, citing SQA's failure to provide a compliant pilot.
SQA filed an appeal with the Board, alleging that the 040 Contract did not require that pilots possess a current AF Form 8.

Parties

Appellant: SkyQuest Aviation, LLC
Respondent Agency: Air Force
Contract Number: FA5682-19-P-A040

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