DCX-CHOL Enterprises, Inc.

Material Facts

• DCX-CHOL executed Contract No. N00104-06-C-FA67 for Hull Penetrator Assemblies on August 2, 2006.
• DCX-CHOL executed Contract No. N00104-10-C-FA09 for Electric Lead Assemblies on November 5, 2009.
• The contracts incorporated FAR 52.249-8 DEFAULT, allowing termination for failure to perform within the specified time.
• The contracts required first article testing and approval, with samples due within 180 days.
• The government allegedly waived the delivery schedule repeatedly over the life of the contracts.
• Modifications extended the FAT sample delivery deadline to April 30, 2018, without reviving strict compliance requirements.
• DCX-CHOL failed to deliver a FAT sample by the deadline and was subsequently terminated for default.

Parties

Appellant

DCX-CHOL Enterprises, Inc.

Contract Number

N00104-10-C-FA09