57984

Dace Enterprises, LLC

November 1, 2013Judge Grant
Denied / Government PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / WaiverCommercial Item

Dace Enterprises, LLC appealed the government's termination for cause of its contract to provide Oracle support services, arguing that its nonperformance was excusable due to government breach. The Board denied the appeal.

Material Facts

  • Dace Enterprises, LLC was awarded a firm fixed-price contract to provide Oracle support services.
  • The government terminated the contract for cause due to Dace's failure to provide the required support.
  • Dace was not authorized by Oracle to resell the required support services.
  • Dace's nonperformance was attributed to its lack of authorization rather than any government action.
  • The CO issued a cure notice to Dace, which it failed to adequately address.

Parties

Appellant
Dace Enterprises, LLC
Respondent Agency
Department of the Army
Contract Number
W91RUS-11-P-0094
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