Paragon Defense Solutions, Inc.

Material Facts

• Paragon failed to provide conforming items, and the purchase order lapsed.
• Paragon argued that DLA waived its right to reject nonconforming items due to a delay in notification.
• Paragon failed to deliver per the terms of the order, and DLA never waived the delivery date.
• Paragon never accepted the purchase order because it submitted a counter-offer that was rejected.
• DLA's termination for default was proper because Paragon failed to meet the delivery date.

Parties

Appellant

Paragon Defense Solutions, Inc.

Respondent Agency

Defense Logistics Agency

Contract Number

SPE7M2-23-P-1048