561875618856189

DCX-CHOL Enterprises, Inc.

May 24, 2010Judge Wilson
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverDCMA Involved

DCX-CHOL Enterprises, Inc. appealed the terminations for default of three contracts by the Defense Logistics Agency, seeking summary judgment on the grounds of improper testing requirements and contract compliance.

Material Facts

  • The Defense Logistics Agency awarded three contracts to DCX-CHOL Enterprises, Inc. for the delivery of firing lanyards.
  • The contracts required first article testing and production lot testing.
  • The government terminated the contracts for default due to failures in production lot testing.
  • DCX submitted corrective action plans and requests for waivers, which were denied by the government.
  • The government asserted that salt fog testing was a valid requirement and that DCX's items failed testing.

Parties

Appellant
DCX-CHOL Enterprises, Inc.
Respondent Agency
Defense Logistics Agency
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