Glad you asked that question and got that answer! IMO, they`re all idiots for contracting business as they have. Based on these tid-bits, it looks to me like BOW is on the hook to his customers (who probably aren`t so stupid as to execute a contract with no set delivery schedule).

And I submit that Wencor and Maycom, who I believe are both ISO certified, have violated basic ISO contracting rules and their certifications are at risk. For Wencor, that means no Gov`t business if they lose their certification (unless they get a waiver from the Secretary of Defense, or unless all their suppliers are ISO certified and Wencor doesn`t touch the items). Wencor could escape if digEcor is operating out of separate facility (ISO certifications are operating facility based). They cannot escape based on corporate structure, i.e., because digEcor is a separate corporate entity, as it is a wholly-owned subsidiary operating out of the same facility (I believe). If Wencor plays hardball, EDIG could report them to ISO and submit a copy of the ``contract`` as evidence (and Wencor would be screwed for at least six months, probably a year, and at significant expense - and may be found by the Gov`t as defaulting on all current contracts, in which case they`d be really screwed).

As for the reply re: verbal contracts - yes they are valid if you have witnesses and it can be demonstrated that there was a ``meeting of the minds``. The latter is a little hard to prove when one party has failed to perform as expected, thus demonstrating that there was no such ``meeting``, unless they freely acknowledge that they failed (not bloody likely). But it would appear that Maycom hasn`t ``failed`` or defaulted unless they never deliver or unless a delivery date was recorded in some mutual fashion.

All JMHO, and I KNOW nuttin`!

SGE