Ensil International Corp.

January 30, 2012Judge Grant

Denied / Government PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / WaiverCommercial Item

Ensil International Corp. appealed the government's termination for cause of its purchase order for microcircuits, asserting that the government waived the delivery date. The Board denied both parties' motions for summary judgment due to disputed material facts.

Material Facts

The government awarded Purchase Order No. W25G 1V-08-P-3243 to Ensil on 3 April 2008 for 74 digital microcircuits.
The purchase order specified that the microcircuits would be produced according to MILSPEC 'MIL-M-38510'.
Ensil delivered the microcircuits almost 10 months late on 2 April 2009.
The government paid Ensil in full, in the amount of $72,826.36 on 22 May 2009.
The government identified defects in the microcircuits in June 2009 but did not notify Ensil until August 2009.
Ensil sent replacement microcircuits in September 2009 but later indicated they were not packaged correctly.
The government terminated the purchase order for cause on 7 July 2010, citing failure to provide acceptable material.

Parties

Appellant: Ensil International Corp.
Respondent Agency: Department of the Army
Contract Number: W25G 1V-08-P-3243

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