Jayco International, LLC

May 21, 2015Judge Clarke

Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverCommercial Item

Jayco International, LLC appealed the Navy's rejection of its delivered batteries under Contract No. N40442-l l-P-8440, claiming improper rejection and seeking payment. The Board denied the appeal, affirming the Navy's decision.

Material Facts

The contract was for electric forklift batteries to be used on a Navy ship.
The Navy refused to accept the batteries delivered by Jayco, contending they were nonconforming.
Jayco filed a certified claim for $237,622.06, contending that the Navy improperly rejected the batteries.
The solicitation incorporated by reference FAR 52.211-6, BRAND NAME OR EQUAL.
Jayco submitted a quote that included EnerSys part numbers and all salient characteristics in the amended solicitation.
The Navy accepted Jayco's quote for EnerSys batteries.
Jayco delivered Hawker batteries, which were not equal to the EnerSys batteries required by the contract.
The Navy canceled the contract because Jayco did not deliver conforming batteries.

Parties

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

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