57356

Delta Industries, Inc.

February 23, 2012Judge Scott
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverDCMA InvolvedSmall Business

Delta Industries, Inc. appealed the contracting officer's denial of its claim for contract termination costs under the Contract Disputes Act. The Board granted the government's motion for summary judgment and denied Delta's cross-motion.

Material Facts

  • Delta Industries, Inc. received a unilateral purchase order from the Defense Logistics Agency on February 5, 2010.
  • The purchase order required delivery by May 29, 2010.
  • Delta failed to deliver the items by the specified due date.
  • The government canceled the purchase order on June 7, 2010, after Delta informed them of its inability to meet the delivery date.
  • Delta claimed $10,020 in damages due to the cancellation of the purchase order.

Parties

Appellant
Delta Industries, Inc.
Respondent Agency
Defense Logistics Agency
Contract Number
SPM7LO-10-M-3108
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