Precision Standard, Inc.

June 8, 2016Judge O'Sullivan

Partially SustainedTermination for DefaultAccord & Satisfaction / Release / WaiverDCMA Involved

Precision Standard, Inc. appealed a termination for default and a breach of warranty claim related to a contract for aircraft skins. The Board granted the government's motion for summary judgment on the termination for default and denied the cross-motions regarding the warranty claim.

Material Facts

The contract required the manufacture and delivery of 138 aircraft skins for the A-10 aircraft at a price of $395 per skin.
The total price of the contract, including the separately-priced first article, was $57,010.
PSI did not ship the first article and first article test report to DLA until 7 September 2010.
On 19 May 2011, PSI advised that it would not deliver the entire quantity of 138 skins on the 24 June 2011 due date.
On 16 June 2011, a Product Quality Deficiency Report found 'Bad Spot Welds' on an aircraft skin delivered by PSI.
The government issued a Notice of Revocation of Acceptance and Breach of Warranty to PSI on 5 October 2011.
On 23 March 2012, DLA terminated the contract for default based on PSI's failure to perform in accordance with the terms and conditions of the contract.

Parties

Appellant: Precision Standard, Inc.
Respondent Agency: Defense Logistics Agency
Contracting Agency: Defense Logistics Agency
Contract Number: SPM4A7-08-M-9187

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