AXXON International, LLC

December 20, 2019Judge Osterhout

Denied / Government PrevailedTermination for DefaultCommercial Item

AXXON International, LLC appealed the termination for cause of Contract No. W912DW-16-P-0136 by the Army Corps of Engineers, which was based on alleged failure to deliver an oil filtration trailer by the contractually agreed date. The Board denied the government's motion for summary judgment, finding genuine issues of material fact regarding the delivery date.

Material Facts

The contract required delivery of an oil filtration trailer.
The government terminated the contract for cause, alleging AXXON did not deliver by the due date of January 31, 2017.
AXXON opposed the motion, claiming the delivery date was uncertain or waived.
The government stipulated that the parties agreed to a revised delivery date of March 15, 2017.
The contract did not incorporate AXXON's proposal and did not list a delivery date.
The government paid AXXON an advance payment of $186,200.00 in February 2017 without modifying the contract to include a new delivery date.
AXXON forecasted a delivery delay to mid-March 2017 and later requested an extension to July 28, 2017.
The government issued a termination letter stating that delivery was required by January 31, 2017, but no delivery had been made.

Parties

Appellant: AXXON International, LLC
Respondent Agency: U.S. Army Engineer District, Seattle
Contracting Agency: Army Corps of Engineers
Contract Number: W912DW-16-P-0136

Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.