Hanley Industries, Inc.

Material Facts

• The U.S. Army awarded Contract No. W52P1J-05-C-0076 to Hanley Industries, Inc. on 29 September 2005.
• The contract was for the production and delivery of MK 45-1 electric primers.
• The contracting officer terminated the remaining quantity of undelivered primers for default on 16 July 2008.
• Hanley filed a timely appeal of the termination for default on 29 September 2008, docketed as ASBCA No. 56584.
• The contracting officer's 8 July 2009 letter revoked acceptance of Lot 001 due to latent defects and gross mistakes.
• The 8 July 2009 letter did not expressly refer to itself as a contracting officer's final decision and contained no appeal rights.
• Hanley's counsel filed a notice of appeal on 25 October 2009, requesting consolidation with the termination for default appeal.

Parties

Appellant

Hanley Industries, Inc.

Respondent Agency

Department of the Army

Contract Number

W52P1J-05-C-0076