6277362774

Wilwood Engineering Inc.

April 14, 2022Judge Melnick
Partially SustainedContract Formation / ExistenceCDA Jurisdiction

Wilwood Engineering Inc. appealed the government's motion to dismiss for lack of jurisdiction and failure to state a claim regarding a breach of contract. The Board granted the motion in part, denying it for the majority of the claims.

Material Facts

  • Contract No. SPE7LX-16-D-0040 was awarded by DLA to Wilwood on December 31, 2015.
  • The contract was an indefinite quantity contract for brake part kits.
  • Wilwood shipped over 20,000 brake pad kits with a new part accepted by the government between April 2016 and July 2018.
  • The government demanded Wilwood stop shipping the new part in July 2018.
  • Wilwood submitted a certified claim for $1,642,503 to the contracting officer on November 18, 2019.
  • The contracting officer denied Wilwood's claim and asserted a government claim for a $448,183.18 refund.

Parties

Appellant
Wilwood Engineering Inc.
Respondent Agency
Defense Logistics Agency
Contracting Agency
DLA Land and Maritime
Contract Number
Contract No. SPE7LX-16-D-0040
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