63057

SupplyCore, Inc.

September 7, 2022Judge O'Connell
Partially SustainedCDA JurisdictionCommercial Item

SupplyCore, Inc. appealed the dismissal of several counts in its complaint against the government regarding a contract for Special Operational Equipment Tailored Logistics Support. The Board granted summary judgment in favor of the government on multiple counts and deferred ruling on one count.

Material Facts

  • The appeal arises from a procurement by the Defense Logistics Agency for Special Operational Equipment Tailored Logistics Support.
  • DLA awarded SupplyCore an indefinite delivery, indefinite quantity contract for the SOE TLS Program on January 5, 2021.
  • The contract incorporated SupplyCore’s proposed prices as firm fixed ceiling prices.
  • SupplyCore failed to deliver any of the equipment by the final deadline of May 5, 2021.
  • The CO issued a show cause notice to SupplyCore on May 5, 2021, stating that its failure to complete performance constituted a default of performance.
  • The CO terminated the delivery orders for cause by letter dated July 15, 2021.

Parties

Appellant
SupplyCore, Inc.
Respondent Agency
Defense Logistics Agency
Contract Number
SPE8EJ-21-D-0023
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