57681

DayDanyon Corporation

August 17, 2015Judge James
Denied / Government PrevailedTermination for DefaultContract InterpretationDCMA Involved

DayDanyon Corporation appealed the termination for default of its contract with DLA Troop Support. The Board upheld the termination, finding that DayDanyon failed to deliver the required goods on time.

Material Facts

  • DayDanyon Corporation was awarded Contract No. SPM8ED-09-D-0001 for collapsible joint modular intermodal containers.
  • The contract included delivery order numbers 0002 and 0003 with specified delivery dates.
  • DayDanyon failed to deliver any JMICs by the agreed delivery dates of 8 March 2011 and 15 March 2011.
  • The contracting officer issued a termination for default on 20 April 2011 due to DayDanyon's failure to deliver.
  • DayDanyon's claims of excusable delays due to weather were unsupported by evidence.

Parties

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