Connectec Company, Inc.

Material Facts

• The Defense Supply Center Philadelphia issued Purchase Order No. SPM5L4-09-M-I018 to Connectec for 3500 levers.
• The purchase order did not require Connectec to sign it and did not include a termination for default clause.
• Connectec's first production lot of levers was completed in September 2009, but the samples failed product verification testing.
• The government issued unilateral modifications extending delivery dates and allowing for retests, but subsequent samples continued to fail.
• On 4 February 2011, the contracting officer notified Connectec that its levers failed product verification testing and that the unilateral order would be withdrawn.
• Connectec appealed the contracting officer's decision to terminate the contract for default on 1 March 2011.

Parties

Appellant

Connectec Company, Inc.

Contract Number

SPM5L4-09-M-I018