Advanced Materials, Inc. v. United States

OPINION

SMITH, Chief Judge.

This case is before the court on defendant’s Motion to Dismiss. Defendant’s motion asserts that plaintiffs claim should be dismissed pursuant to Rule 12(b)(1) or alternatively 12(b)(4) of the Rules of the United States Court of Federal Claims. After reviewing the briefs and hearing oral argument, the court hereby DENIES defendant’s motion with regard to plaintiffs termination for convenience claim, and GRANTS the motion on the breach of contract claim.

FACTS

On September 26, 1990, the U.S. Dept, of the Army awarded a cost plus fixed fee contract to Advanced Materials,…