DCX, Inc. v. Perry

79 F.3d 132 (1996)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

DCX, Inc. v. Perry

United States Court of Appeals for the Federal Circuit
79 F.3d 132 (1996)

  • Written by Liz Nakamura, JD

Facts

DCX, Inc. (plaintiff) entered into a contract with the Defense Logistics Agency (government) (defendant) to supply light-sets for medical tents. The contract required DCX to submit a first-article test report for the light-sets to the government by June 30, 1988. The deadline for delivery of the first light-sets was July 18. The contract specified that failure to timely deliver the first-article test report would be considered a failure to make delivery under the contract’s default clause. Because DCX did not have adequate testing facilities, it subcontracted the first-article testing to Ball Brothers Aerospace Systems (Ball). DCX did not enter into the subcontract with Ball under May 19, six weeks after DCX entered into its contract with the government. Ball’s subcontract did not contain a firm performance deadline, and DCX did not prepare any alternatives in case Ball was unable to test the first-article light-sets in time. Ball did not start testing DCX’s light-sets until June 17. DCX notified the government that the first-article test report would not be ready until July 12. DCX stated that the Defense Priorities and Allocations System (DPAS) caused the delay because it forced Ball to test items from higher-priority government contracts before DCX’s light-sets. The government agreed to extend the first-article test report deadline to July 12. However, DCX failed to deliver the first-article test report by July 12 and did not provide any explanation for the additional delay. The government terminated DCX’s contract for default. DCX appealed to the Armed Services Board of Contract Appeals (Board), arguing that the default termination should be converted into a termination for the convenience of the government (convenience termination) because (1) the delay was caused by DPAS, not by DCX or Ball; and (2) the default termination was arbitrary and capricious. The Board affirmed the default termination. DCX appealed to the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Bryson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership