Endure Industries, Inc.

Material Facts

• Endure Industries, Inc. produces and supplies disposable medical products, including sterilization packaging supplies.
• DHA entered an incentive agreement with Endure on May 15, 2023, which stated it was 'pursuant to' Endure's distribution and pricing agreement with DLA Troop Support.
• The incentive agreement included a cancellation provision allowing either party to cancel without cause with 30 days' notice.
• DHA canceled the incentive agreement effective July 1, 2024, citing the terms of the agreement.
• Endure filed a complaint at the U.S. Court of Federal Claims alleging breach of contract and other claims, which was dismissed without prejudice.
• Endure submitted a certified claim to the DLA Troop Support contracting officer and DHA's program manager, seeking approximately $750,000 for unsold inventory.

Parties

Appellant

Endure Industries, Inc.

Respondent Agency

Defense Health Agency

Contracting Agency

Defense Logistics Agency

Contract Number

Contract No. SP0200-22-H-0049