Pyrotechnic Specialties, Inc.

Material Facts

• The contract was a firm-fixed-price contract for the production of MK 124 signal flares.
• The contract was terminated for default after PSI repeatedly had problems timely and successfully producing lots acceptable to the government.
• PSI internally developed a torque test to demonstrate that there was 'no relative movement' of the ends of the device as part of inspection.
• The Board found that PSI failed to prove that the torque test was part of the approved quality management plan.
• PSI's arguments regarding the burden of proof and the government's alleged bad faith were rejected.

Parties

Appellant

Pyrotechnic Specialties, Inc.

Respondent Agency

Army

Contract Number

W52PIJ-04-C-0098