Kaman Precision Products, Inc. formerly dba Kaman Dayron, Inc.

July 9, 2010Judge Wilson

Partially SustainedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / Waiver

Kaman Precision Products, Inc. appealed the government's termination for default of a contract for bomb fuzes, asserting that the termination was improper. The Board denied the government's motion to stay proceedings except for a specific issue related to bellows motors.

Material Facts

The government entered into Contract No. DAAA09-96-C-0015 with Dae Shin Enterprises, Inc. for the production and delivery of FMU-143 fuzes.
The contract included FAR 52.246-11, requiring compliance with specified quality standards.
The government revoked acceptance of several fuzes due to systemic failure modes discovered during production.
Kaman contended that the revocation of accepted fuzes was improper and cited various contract provisions.
The government terminated the contract for default based on Kaman's failures to meet contract requirements.
Kaman filed notices of appeal regarding the government's actions and sought declaratory relief.
The government issued a demand for payment of $15,540,158.01 as a result of the termination and revocations.
The government filed a motion to stay proceedings pending a related False Claims Act lawsuit.

Parties

Appellant: Kaman Precision Products, Inc. formerly dba Kaman Dayron, Inc.
Respondent Agency: United States Army
Contract Number: Contract No. DAAA09-96-C-0015

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