58742

DCX-CHOL Enterprises, Inc.

October 11, 2016Judge Hartman
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

DCX-CHOL Enterprises, Inc. appealed the termination of its contract for default, seeking conversion to a termination for convenience. The Board denied the appeal, finding insufficient evidence of waiver by the Navy.

Material Facts

  • The Navy awarded Contract No. N00104-05-C-FA80 for submarine stuffing tubes to DCX in September 2005.
  • Modification No. P00020 extended the remaining contract delivery date to 15 February 2013.
  • DCX failed to deliver by the extended date and communicated delays to the Navy.
  • The Navy issued a show cause letter on 5 March 2013 due to DCX's failure to perform.
  • The Navy terminated the contract for default on 17 April 2013.

Parties

Appellant
DCX-CHOL Enterprises, Inc.
Respondent Agency
Department of the Navy
Contracting Agency
NAVSUP Weapon Systems Support
Contract Number
N00104-05-C-FA80
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