ASBCA 60904

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) Military Aircraft Parts ) ASBCA No. 60904 ) Under Contract No. SPE4A7-13-M-4596 ) APPEARANCE FOR THE APPELLANT: Mr. Robert E. Marin 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 PEACOCK This timely appeal involves the withdrawal of a purchase order (PO) to acquire eight air duct assemblies for installation in the fuselage of the KC-13 5 aircraft. Military Aircraft Parts (MAP or appellant) alleges that, although the due date for delivery of the supplies had passed, the offer to purchase was revived and thereafter appellant tendered four of the assemblies that substantially complied with the terms of the purchase order. Appellant elected to have the appeal processed pursuant to the expedited procedures of Board Rule 12.2.* A hearing was conducted on 2-3 March 2017 and briefing was completed on 21 March 2017. For the following reasons, the appeal is denied. FINDINGS OF FACT 1. On 15 November 2012, the Defense Logistics Agency Aviation (DLA) issued Request for Quotations No. SPE4A7-13-T-2198 for eight air duct assemblies, National Stock Number (NSN) 1660-01-590-7060 (R4, tab 3 at 1-2, 4, 12). 2. The duct assembly is a component of the air conditioning ductwork for the KC-135, which provides warm and cool air to the aircraft. The ductwork is located in the fuselage of the KC-13 5 and is in a '"crowded area" surrounded by other systems, such as hydraulic lines, watering bundles, and webbing. If this particular duct assembly *The Contract Disputes Act, as implemented by the Board's Rules provides that a decision under Rule 12.2 shall have no value as precedent, and in the absence of fraud, shall be final and conclusive and may not be appealed or set aside. failed, it would at the very least begin vibrating and break some of the brackets, causing the ductwork to move. If it came loose, it could begin breaking other brackets and potentially impact other equipment, such as a hydraulic line. (Tr. 1/183-86) 3. For these reasons, the duct assembly is designated as a "CRITICAL APPLICATION ITEM" (R4, tab 1at6, tab 3 at 6). FAR 46.203(c) identifies a "critical application item as one in which the failure of the item could injure personnel or jeopardize a vital agency mission." 4. The duct assembly includes three components at issue in this litigation. The first component is a lock bolt (Part No. BACB30DX) (R4, tab 34). Three of these lock bolts are used to fasten a metal assembly onto one end of the part, where it clamps to the next piece of ductwork (tr. 11196-200). This stiffens the ductwork and allows the attachment of two rods, which prevents the part from vibrating or moving (tr. 1/197). If one of the bolts failed, the part would start to come loose and likely cause the other bolts to fail, causing "that area to start coming apart" (tr. 11198). The BACB30DX is an improvement over its predecessor, Part No. BACB30AL. The BACB30DX specification requires the use of 8740 alloy steel, per MIL-S-6049 or AMS 6322, while also allowing for optional materials. (R4, tabs 10, 34 at 5; tr. 11215-19) The BACB30AL uses different materials (R4, tab 33 at 2; tr. 11215-19). The BACB30DX also provides a higher level of cadmium plating than the BACB30AL. The cadmium plating provides "more protection for corrosions, less likely to corrode, longer life in the part." (R4, tabs 33-34, 36; tr. 11219-21, 251) 5. The second component at issue is a flange, Part No. BACF22N400 (R4, tab 35). The flange connects the smaller end of the duct assembly to another duct. The two parts are held together by a clamp. If the flange were to fail, the duct assembly would come loose from the neighboring duct, creating a loss of rigidity and leading to vibration. (Tr. 11229-31) 6. The third component at issue is the NASM20615 rivet (R4, tabs 36-37). The rivets are used in various areas throughout the duct assembly (R4, tab 41; ex. A-22 at 431-32). 7. The solicitation described the duct assembly technical data package, which was available to all potential offerors (R4, tab 3 at 4-12). The technical data package identified specific exceptions to the drawings.