56682

Systems Development Corporation

October 15, 2010Judge Freeman
DismissedAccord & Satisfaction / Release / WaiverCDA JurisdictionFailure to Prosecute / DismissalSmall Business

Systems Development Corporation appealed the contracting officer's denial of its claims related to defective specifications and other issues under Contract 0077. The Board dismissed the appeal for lack of jurisdiction.

Material Facts

  • The government awarded Contract 0077 to SDC for the production of circuit card assemblies for the HAWK missile system effective May 9, 2000.
  • The contract included provisions for disputes and termination for convenience.
  • SDC identified numerous defects in the technical data package provided by the government and requested assistance, which was not adequately provided.
  • SDC and its subcontractor decided to stop ordering parts and sought a termination for convenience due to the government's failure to provide necessary data.
  • SDC submitted a certified claim for a termination for convenience settlement in April 2003, which was denied by the contracting officer in June 2003.
  • The contracting officer terminated the contract for convenience in February 2004, and SDC submitted a termination settlement proposal in April 2004.
  • The contracting officer found SDC entitled to a termination settlement of $403,563 but denied all claimed termination settlement expenses.
  • SDC appealed the contracting officer's decision to the Court of Federal Claims, which was dismissed without prejudice.
  • SDC submitted a certified claim for defective specifications and other issues in February 2008, which was denied in September 2008.

Parties

Appellant
Systems Development Corporation
Respondent Agency
Department of the Army
Contract Number
DAAH01-00-C-0077
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