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.