United States Federal Circuit

A decision of the Armed Services Board of Contract Appeals affirming the termination of a government contract for default is affirmed over wholesale pharmaceutical and supply distributor's claims that: 1) its failure to deliver any influenza vaccine did not constitute a default because a condition precedent of the FDA's release of the vaccine had not occurred; and 2) alternatively, if there was a default, it was excused under FAR 52.212-4(f).

Appellate Information

• Decided 03/19/2008
• Published 03/19/2008

Judges

• Before MAYER and BRYSON, Circuit Judges, and FOGEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Bruce E. Fader, Proskauer Rose LLP, of New York, NY, filed a combined petition for panel rehearing and rehearing en banc for appellant.   With him on the petition was James F. Segroves, of Washington, DC.