Factual Issues Concerning Alleged Defective Specifications Negate Government’s Motion for Summary Judgment; Appeal of DCX-CHOL Enterprises, Inc., ASBCA Nos. 61806, 61807

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Government’s motion for summary judgment on appeals contesting terminations for default is denied. The government claimed it properly terminated due to the contractor’s failure to timely deliver. The board, however, found that the contractor’s allegation of defective government specifications created a factual issue that precluded summary judgment. DCX-CHOL Enterprises had two contracts with the Defense […]
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