DODS, Inc.

June 18, 2012Judge Clarke

Denied / Government PrevailedAccord & Satisfaction / Release / WaiverContract InterpretationDCMA Involved

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

On 6 January 2011, DLA issued request for quotations No. SPM4A7-11-Q-3650 for one aircraft stiffener.
DODS submitted a quote on 12 January 2011, agreeing to deliver a first article sample within 90 days and a production unit within 180 days.
Purchase Order No. SPM4A7-11-M-K222 was issued to DODS on 4 March 2011, requiring delivery of the first article by 5 June 2011.
DODS did not begin work on the contract until 12 May 2011, 69 days after the award.
DODS failed to deliver the first article by the required date of 5 June 2011.
The government issued Modification No. POOOO 1 on 10 June 2011, cancelling PO K222 due to DODS' failure to meet the delivery date.
DODS submitted a claim for termination for convenience on 9 August 2011, which was denied by the contracting officer.

Parties

Appellant: DODS, Inc.
Contracting Agency: Defense Logistics Agency Aviation
Contract Number: SPM4A7-11-M-K222

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