54718

American Ordnance, LLC

February 17, 2010Judge Page
Sustained / Appellant PrevailedSuperior KnowledgeContract Interpretation

American Ordnance, LLC appealed a deemed denial of its claim for additional costs and delays related to the production of Comp B loaded M107 projectiles under a government contract.

Material Facts

  • American Ordnance was contracted to produce M107 projectiles loaded with Comp B.
  • The government provided specifications that were found to be defective.
  • American Ordnance incurred additional costs and delays due to the government's failure to disclose vital information.
  • The contractor was required to achieve a 100% passage rate for all sample projectiles under the notch and drop test to obtain FAT certification.
  • The government did not inform American Ordnance of the Army Comp B Load Study that indicated the need for a controlled loading process.

Parties

Appellant
American Ordnance, LLC
Respondent Agency
Department of the Army
Contract Number
DAAA09-98-G-0011
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