59089

Bulova Technologies Ordnance Systems LLC

August 30, 2018Judge Scott
Denied / Government PrevailedFailure to Prosecute / DismissalDCMA InvolvedSmall BusinessCommercial Item

Bulova Technologies Ordnance Systems LLC appealed the termination for cause of its contract with the U.S. Army under the Contract Disputes Act. The Board denied the appeal, affirming the government's termination decision.

Material Facts

  • BTOS was awarded Order No. 3 for the delivery of 350 DShK machine guns at a fixed price of $4,784,961.50.
  • The delivery was due within 140 days after BTOS received a signed EUC and export license.
  • BTOS failed to provide timely and accurate EUC packages and did not deliver any items under Order No. 3.
  • The government provided two EUC packages to BTOS, but both contained errors that led to delays.
  • BTOS sought to change suppliers from Romtehnica to ROE, which complicated the contract performance.
  • The Army terminated Order No. 3 for cause on 6 December 2013 due to BTOS's failure to comply with the contract terms.

Parties

Appellant
Bulova Technologies Ordnance Systems LLC
Respondent Agency
Department of the Army
Contract Number
W15QKN-11-A-0527
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