TTF, LLC ( 2015 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of -- )
)
TTF, LLC ) ASBCA Nos. 59512, 59514, 59516
)
Under Contract Nos. SPM4A7-08-C-0416 )
SPM4A7-08-M-443 8 )
SPM4A7-08-M-4749 )
APPEARANCE FOR THE APPELLANT: Mr. David Storey
President
APPEARANCES FOR THE GOVERNMENT: Daniel K. Poling, Esq.
DLA Chief Trial Attorney
Edward R. Murray, Esq.
Trial Attorney
DLA Aviation
Richmond, VA
OPINION BY ADMINISTRATIVE JUDGE O'SULLIVAN
ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
These appeals arise under three separate contracts between the Defense Logistics
Agency Aviation (DLA Aviation or the government), a field activity of the Defense
Logistics Agency, and appellant TTF, LLC (TTF or appellant). The question at the
heart of these appeals is whether a contracting officer may issue a final decision absent
an affirmative claim by the contractor.
STATEMENT OF FACTS FOR PURPOSES OF THE MOTIONS
1. The Board has issued an Opinion on this same day on a government motion
to dismiss three related appeals arising under the same contracts and operative facts as
these appeals. Familiarity with the facts in that Opinion is presumed. See TTF, LLC,
ASBCA Nos. 59511, 59513, 59515, slip op. (5 February 2015). The additional facts
below are those pertinent to the captioned appeals.
2. By certified mail on 2 June 2014, appellant sent three claims to the DLA
contracting officer (Bd. corr. ltr. 812 F.2d 1387, 1390 (Fed. Cir. 1987).
Here, there are no material facts in dispute. The only questions before us in these
appeals are questions of law, which are appropriate for summary judgment.
It is well-settled that the decision to terminate a contract for default is considered to
be a government claim against the contractor, and no affirmative claim by the contractor is
required prior to the issuance of such a decision. Amina Enterprise Group, LTD, ASBCA
Nos. 58547, 58548, 13 BCA ii 35,376 at 173,580 (default termination is a government
claim and does not require a contractor to file a monetary claim for Board jurisdiction);
Lisbon Contractors, Inc. v. United States, 828 F.2d 759, 764 (Fed. Cir. 1987) (default
termination is deemed to be a decision by the contracting officer on a government claim).
The fact that appellant had not submitted a claim or claims prior to the issuance of the
termination decisions cannot render the decisions invalid.
CONCLUSION
Appellant's motions are denied. The government's motions are granted. These
appeals are denied.
Dated: 5 February 2015
Administrative Judge
Armed Services Board
of Contract Appeals
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I concur
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Administrative Judge
RJCHARD SHACKLEFORD
Administrative Judge
Acting Chairman Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals of Contract Appeals
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I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA Nos. 59512, 59514, 59516,
Appeals of TTF, LLC, rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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