Gargoyles, Inc.

Material Facts

• The contract was a firm fixed-price commercial items contract awarded to Gargoyles on 10 January 2011.
• Gargoyles was required to deliver 56 light armored vehicles to Victory Base Complex within 10 days after contract award.
• Gargoyles failed to deliver any vehicles by the deadline of 20 January 2011.
• The government issued a cure notice on 21 January 2011, allowing Gargoyles an opportunity to deliver the vehicles by 22 January 2011.
• Gargoyles proposed an alternative delivery date of 31 January 2011 but did not provide adequate assurances of timely performance.
• The contract included provisions for termination for cause and excusable delays.

Parties

Appellant

Gargoyles, Inc.

Respondent Agency

U.S. Army Engineer District, Middle East

Contracting Agency

U.S. Army Corps of Engineers

Contract Number

W912ER-11-C-0012