58198

Hanley Industries, Inc.

February 8, 2016Judge Melnick
Denied / Government PrevailedContract Interpretation

Hanley Industries, Inc. appealed a decision regarding increased costs from the Department of the Navy's alleged constructive change of three contracts for impulse cartridges. The Board denied both parties' cross-motions for summary judgment.

Material Facts

  • Hanley Industries seeks increased costs allegedly arising from the Department of the Navy's constructive change of three contracts for impulse cartridges.
  • Each contract required Hanley to package the cartridges in accordance with very similar Special Packaging Instructions (SPIs).
  • Hanley complained that the government required it to pack one can of cartridges in one inner box, while it maintained that the SPIs permitted it to place multiple cans in a box.
  • There is evidence in the record of a contract modification acknowledging approval of the multiple can FAT submittal.

Parties

Appellant
Hanley Industries, Inc.
Respondent Agency
Department of the Navy
Contract Number
N00104-03-C-K101
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