57266

Distributed Solutions, Inc.

December 28, 2011Judge Clarke
Partially SustainedContract InterpretationAccord & Satisfaction / Release / Waiver

Distributed Solutions, Inc. appealed a decision regarding contract interpretation and consideration related to the IBPS software. The Board granted the government's cross-motion for summary judgment on contract interpretation and denied the remaining motions.

Material Facts

  • The contract was awarded to Judd's on 19 August 1999 for the completion of the IBPS.
  • The contract included provisions for software development, installation, maintenance, help desk, training, and enhancements.
  • Modification No. M0015 defined the intellectual property rights, granting AFNAFPO a continuous and non-exclusive right to use the IBPS.
  • DSI became the successor in interest to the contract through a novation agreement on 30 September 2005.
  • Modification No. M0022 stated that Modification No. M0015 shall remain in effect for the entire life of the contract.

Parties

Appellant
Distributed Solutions, Inc.
Respondent Agency
Air Force
Contracting Agency
Air Force Non-Appropriated Fund Purchasing Office
Contract Number
F41999-99-C-0027
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