TTF, LLC

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.