5660456605

FitNet International Corp.

February 22, 2011Judge Freeman
Denied / Government PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / WaiverCommercial Item

FitNet International Corp. appealed the denial of its claim for reformation of a purchase order and the government's termination for cause of that order. The Board denied both appeals.

Material Facts

  • The government solicited bids for the supply of 150 wall lockers on 12 February 2008.
  • FitNet submitted a bid on 13 February 2008 for lockers that did not comply with the specified dimensions and steel gauge.
  • The contracting officer issued Purchase Order 0080 on 22 February 2008.
  • FitNet tendered lockers on 2 May 2008 that were found to be non-conforming.
  • The government terminated Purchase Order 0080 for cause on 24 June 2008.

Parties

Appellant
FitNet International Corp.
Respondent Agency
Department of the Army
Contract Number
W911SF-08-P-0080
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