61549

Axxon International, LLC

March 24, 2020Judge Melnick
Denied / Government PrevailedTermination for DefaultSmall BusinessCommercial Item

Axxon International, LLC appealed the termination for cause of its contract with the U.S. Army Corps of Engineers for pump repairs, which the Board denied.

Material Facts

  • The Corps awarded Axxon a firm fixed-price contract for pump repairs on May 24, 2016.
  • The contract included six line items for various equipment and had a delivery date of March 23, 2017.
  • Axxon entered into a purchase order with B.H. Craig Construction Company to perform the work for $365,400.
  • Axxon submitted multiple invoices for progress payments, but failed to pay Craig as required.
  • The Corps issued a show cause notice on August 19, 2017, citing Axxon's delays and noncompliance with payment obligations.
  • The Corps terminated Axxon's contract for cause on January 5, 2018, due to inexcusable delays and failure to make required payments.

Parties

Appellant
Axxon International, LLC
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912P5-16-C-0002
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