Ballistic Recovery Systems, Inc.

Material Facts

• On March 25, 2016, the parties entered into fixed-price Contract No. SPE4A 7-l 6-C-0218 for the supply of 1,667 deployment sleeves at a total contractual amount of $221,962.
• The deployment sleeves were part of the T-11 Personal Parachute System used by the United States Army.
• BRSI was required to submit two deployment sleeves for a first article test (FAT).
• The government denied BRSI's request for a FAT waiver based on the lack of inspections on the deployment sleeves for almost two years.
• BRSI's initial FAT submission was rejected due to numerous major deficiencies.
• BRSI's resubmitted FAT samples were also found to contain major deficiencies and were rejected.
• The government issued a show cause notice to BRSI regarding the potential termination of the contract for default.
• BRSI's response to the show cause notice did not adequately address the deficiencies cited by the government.
• The CO terminated the contract for default on June 23, 2017, due to multiple first article test disapprovals.

Parties

Appellant

Ballistic Recovery Systems, Inc.

Contract Number

SPE4A7-16-C-0218