Case - HUB AEROSPACE
Review this case carefully and answer the questions
Questions:
1. Evaluate each of Hub's contentions. Do you agree or disagree? Why?
2. What should Mr. Brosky do now?
The three points need to be evaluated:
(1) Steele's quotation was not associated cost or pricing data for of 1 February 19X0 because it was conditioned on an unacceptable delivery schedule, had a 30-day acceptance limitation, and was at that time neither responsive nor current.
(2) The quotation, in fact, disclosed to the government before or in connection with the contract price negotiations.
(3) If there was a non-disclosure, the government has been unsuccessful to prove that the contract price caused an Overstatement. That is, the government did not depend on Weller's $17,000 quotation or the alleged absence of the Steele quote.
In addition to other evidence, the government's conduct in declaring no such claim when charged with knowledge of the facts, shows lack of reliance, construction of the contract and perhaps a waiver of the right to a price adjustment.
Attachment:- Case.pdf