International Transducer Corp. v. United States

OPINION

NETTESHEIM, Judge.

This case comes before the court after argument on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to RCFC 12(b)(4), and plaintiffs motion for partial summary judgment. The issue to be decided is wheth*523er the Navy is obligated to pay a contractor for the cost impact as a result of its ordering part or a portion of the quantity set forth in an option contract between the parties.1

FACTS

The following facts are undisputed, unless otherwise noted. Pursuant to solicitation by the Naval Sea Systems Command (“NAVSEA”), the…