DCX-CHOL Enterprises, Inc.

Material Facts

• DCX executed Contract No. N00104-06-C-FA67 for hull penetrator assemblies on August 2, 2006.
• DCX executed Contract No. N00104-10-C-FA09 for electric lead assemblies on November 5, 2009.
• The Contracts incorporated FAR 52.249-8, allowing the government to terminate if DCX failed to perform within the specified time.
• The Contracts required first article testing and approval, with deadlines extended to April 30, 2018.
• DCX did not meet the Deadline for either contract, leading to the government's termination of the Contracts for default on May 11, 2018.
• DCX filed notices of appeal without submitting a claim to the contracting officer.
• DCX filed a notice of appeal on April 2, 2020, based upon a deemed denial of the DCX II Claim.

Parties

Appellant

DCX-CHOL Enterprises, Inc.

Respondent Agency

Department of the Navy