56764

Ingenium Corporation

March 15, 2010Judge Delman
Denied / Government PrevailedContract InterpretationTermination for DefaultFailure to Prosecute / Dismissal

Ingenium Corporation appealed a contracting officer's decision to terminate for default two task orders under a fixed-price contract. The Board denied the government's motion for summary judgment, finding material facts in dispute.

Material Facts

  • The government awarded Ingenium fixed-price Task Order No. 0012 on 29 September 2006.
  • Task Order No. 0012 was for converting software from a client-server environment to a web-based environment.
  • The government issued a cure notice to Ingenium on 22 July 2008 for failure to provide deliverables by the required date.
  • Ingenium responded to the cure notice asserting that the software was substantially complete.
  • The government issued a show cause notice on 8 October 2008 regarding the potential termination for default.
  • The government terminated the task orders for default on 26 February 2009.
  • Ingenium filed a timely appeal with the Board.

Parties

Appellant
Ingenium Corporation
Respondent Agency
Department of the Air Force
Contract Number
F01620-03-D-0003
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