57816

DODS, Inc.

June 18, 2012Judge Clarke
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

DODS, Inc. appealed the termination of a unilateral purchase order, claiming government delays caused its failure to deliver. The Board denied the appeal, concluding that the purchase order lapsed due to DODS' failure to perform.

Material Facts

  • DODS submitted a bid for three aircraft fairings on 3 November 2010.
  • A unilateral purchase order was issued to DODS on 9 December 2010, requiring delivery by 7 June 2011.
  • DODS did not begin work on the purchase order until 17 February 2011, 70 days after the award.
  • DODS worked a total of 76.25 hours on the contract before the delivery deadline.
  • The government canceled the purchase order on 10 June 2011 after DODS failed to deliver.

Parties

Appellant
DODS, Inc.
Respondent Agency
Department of Defense
Contracting Agency
Defense Logistics Agency Aviation
Contract Number
SPM4A7-11-M-E280
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