Jayco International, LLC

February 12, 2014Judge Clarke

Denied / Government PrevailedContract Interpretation

Jayco International, LLC appealed the denial of its claim for payment under a contract for forklift batteries after the Navy terminated the contract for nonconforming goods. The Board denied the government's motion for summary judgment, allowing the appeal to proceed.

Material Facts

The contract was for forklift batteries to be used on a Navy ship.
The Navy terminated the contract because the batteries delivered were not the batteries identified in the contract.
Jayco contended that the Navy modified the contract to allow 'or equal' batteries.
Jayco delivered batteries that it claimed were equal to those identified in the contract.
The solicitation incorporated by reference FAR 52.211-6, BRAND NAME OR EQUAL.
Jayco submitted a quote identifying the products offered as EnerSys batteries.
The Navy issued a purchase order to Jayco for EnerSys batteries.
Jayco later ordered Hawker batteries, claiming they were equal to EnerSys batteries.
The Navy questioned the conformity of the batteries delivered by Jayco.
The contracting officer ultimately canceled the purchase order, stating it lapsed due to nonconforming goods.

Parties

Appellant: Jayco International, LLC
Respondent Agency: Military Sealift Command
Contracting Agency: Military Sealift Command
Contract Number: N40442-11-P-8440

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