Ensign-Bickford Aerospace & Defense Company

Material Facts

• The contract required Ensign-Bickford to provide MK 154 Delay Detonators to the Department of the Navy.
• Ensign-Bickford's certified claim contested the government's disapproval of Lot Acceptance Test Reports for certain detonator lots.
• The government moved for an adverse inference due to the contractor discarding tested detonators.
• The contractor argued that the destruction of the detonators occurred before the official rejection of the lots.
• The Board found that the government did not prove that the destruction of evidence prejudiced its defense.

Parties

Appellant

Ensign-Bickford Aerospace & Defense Company

Respondent Agency

Department of the Navy

Contract Number

N00164-07-D-4259