57406

Bulova Technologies Ordnance Systems LLC

January 28, 2014Judge Grant
Partially SustainedTermination for DefaultContract Interpretation

Bulova Technologies Ordnance Systems LLC appealed the government's decision to terminate its contract for default, asserting that the termination was improper due to delays in receiving acceptable End Use Certificates (EUCs). The Board denied the appeal in part and sustained it in part.

Material Facts

  • The contract was a firm fixed-price contract awarded to Bulova on 13 January 2009.
  • The contract was valued at $30,213,134 and involved the delivery of various types of weapons to the government of Iraq.
  • The government issued a termination for default on 30 July 2010, citing Bulova's failure to deliver designated items when due and anticipatory repudiation.
  • Bulova argued that the government failed to provide acceptable EUCs, which delayed deliveries.
  • The Board found that the contract was severable, allowing for separate analysis of the different weapon systems.

Parties

Appellant
Bulova Technologies Ordnance Systems LLC
Respondent Agency
Department of the Army
Contract Number
W91CRB-09-C-0014
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.