DCX-CHOL Enterprises, Inc.

December 9, 2019Judge Sweet

Denied / Government Prevailed

DCX-CHOL Enterprises, Inc. appealed the government's default termination of two contracts. The Board granted the government's motion for reconsideration and summary judgment, denying the appeals.

Material Facts

The government and DCX-CHOL executed two contracts for Hull Penetrator Assemblies and Electric Lead Assemblies.
The contracts incorporated FAR 52.249-8, allowing the government to terminate the contracts for failure to perform.
The contracts required first article testing and approval, with specific deadlines for delivery.
Modifications extended the FAT sample delivery deadline at no cost, stating that no equitable adjustments were authorized.
DCX-CHOL failed to deliver a FAT sample by the deadline, leading to the government's termination of the contracts for default.

Parties

Appellant: DCX-CHOL Enterprises, Inc.
Contract Number: N00104-10-C-FA09

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