Appellant Undermines Case by Agreeing with Government’s Version of Termination Events; ASBCA No. 61333, Ballistic Recovery Systems Inc.

Appeal of a contract termination for default is denied, where the appellant admitted in its replies to the government’s motion for summary judgment that it had submitted nonconforming items that failed two first article tests and acknowledged that even one of the many deficiencies identified by the evaluators would have rendered the items unacceptable.