63637-PET

AeroKool Aviation Corp.

October 16, 2023Judge Arnett
Sustained / Appellant PrevailedCDA JurisdictionContract Formation / ExistenceDCMA Involved

AeroKool Aviation Corp. appealed a government motion to dismiss for lack of jurisdiction regarding its termination settlement proposal and breach of contract claims. The Board denied the motion and granted AeroKool's petition.

Material Facts

  • The Navy awarded Contract No. N00383-18-C-D-035 to AeroKool for evaluation, repair, and/or modification of turbine aircraft engines.
  • The government unilaterally executed Modification No. P00003 which fully terminated the Contract for the government’s convenience.
  • AeroKool submitted its Requests for Breach of Contract Damages and Termination Settlement Proposals on May 25, 2021.
  • AeroKool asserted that the parties were at an impasse in negotiations on November 17, 2021.
  • The government did not issue final decisions or reach resolution of either the breach claim or the TSP by the March 31, 2023 or April 18, 2023 suspense dates.

Parties

Appellant
AeroKool Aviation Corp.
Contracting Agency
Defense Contract Management Agency
Contract Number
Contract No. N00383-18-C-D035
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