56584

Hanley Industries, Inc.

November 29, 2012Judge Park-Conroy
Denied / Government PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / WaiverDCMA Involved

Hanley Industries, Inc. appealed the government's termination for default of its contract to supply gun primers. The Board denied the government's motion for summary judgment.

Material Facts

  • Hanley Industries, Inc. was awarded fixed-price Contract No. W52P1J-05-C-0076 by the U.S. Army Sustainment Command on 29 September 2005.
  • The contract required delivery of MK-45 primers from 28 August 2006 to 28 May 2007.
  • The contract included several local clauses, including the First Article Test clause.
  • Hanley used steel tubing from Webco as a new vendor without prior government approval.
  • The government terminated the contract for default on 16 July 2008, citing failure to meet delivery schedules and quality requirements.

Parties

Appellant
Hanley Industries, Inc.
Respondent Agency
Department of the Army
Contract Number
Contract No. W52P1J-05-C-0076
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