576115768157717

DayDanyon Corporation

January 22, 2014Judge James
Partially SustainedTermination for DefaultContract InterpretationDCMA Involved

DayDanyon Corporation appealed decisions related to contract performance and termination for default under Contract No. SPM8ED-09-D-0001. The Board granted the government's motion for summary judgment in part and denied DayDanyon's motion.

Material Facts

  • The contract was awarded to DayDanyon for Collapsible Joint Modular Intermodal Containers (JMIC).
  • The contract had four contract line item numbers (CLINs) with specified quantities and requirements.
  • The government issued a Stop-Work Order on the contract on 4 June 2009, which was later lifted.
  • DayDanyon shipped JMICs for government first article testing, which revealed multiple defects.
  • The government issued delivery orders with specified delivery dates, which were later modified.
  • DayDanyon claimed that delays were caused by weather events and supplier issues.
  • The contracting officer issued a cure notice due to lack of progress on contract performance.
  • DayDanyon submitted claims alleging the government failed to order the guaranteed minimum JMICs.
  • The government terminated the contract for default on 20 April 2011.

Parties

Appellant
DayDanyon Corporation
Contracting Agency
DLA Troop Support
Contract Number
SPM8ED-09-D-0001
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