Smart Power Systems, Inc.

November 24, 2010Judge James

Denied / Government PrevailedTermination for DefaultAccord & Satisfaction / Release / WaiverFailure to Prosecute / Dismissal

Smart Power Systems, Inc. appealed the default termination of its supply contract for power supplies by the contracting officer. The Board granted the government's motion for summary judgment, affirming the termination.

Material Facts

The Army Communications-Electronics Life Cycle Management Command awarded Contract No. W15P7T-06-D-N210 to Smart Power Systems, Inc. for power supplies.
The contract was an indefinite delivery, indefinite quantity type contract that provided for issuance of delivery orders.
The contract included the FAR 52.209-3 clause and incorporated by reference the 52.249-8 clause.
SPS submitted a First Article Test Plan (FATP) late and received multiple comments on its deficiencies before approval.
The contracting officer issued a cure notice to SPS, which SPS failed to adequately respond to.
The contracting officer terminated the contract on 14 November 2008 due to SPS's failure to cure performance issues.

Parties

Appellant: Smart Power Systems, Inc.
Respondent Agency: Army
Contracting Agency: Army Communications-Electronics Life Cycle Management Command
Contract Number: W15P7T-06-D-N210

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