American AquaSource, Inc.

Material Facts

• AAS moved for reconsideration of the Board's decision denying its motion for summary judgment.
• The government opposed the motion.
• AAS argued that the government failed to consider FAR 49.402-3 in the original decision.
• The contract required AAS to deliver 1,040,000 cases of bottled water by 1 August 2008.
• AAS did not provide evidence that it ordered or attempted to order any bottled water.
• The government terminated the contract for default on 19 September 2008.

Parties

Appellant

American AquaSource, Inc.

Respondent Agency

Department of the Army

Contract Number

W91GDW-08-D-4010