Sharp Electronics Corporation

Material Facts

• Sharp Electronics Corporation appealed from a deemed denial of its claim filed with an Army contracting officer on 14 January 2011.
• Sharp seeks $67,928.63 in early termination fees under the terms of General Service Administration Multiple Award Schedule Contract No. GS-25F-0037M.
• The Army awarded Delivery Order No. W91ZLK-06-F-0028 to Sharp under the Schedule Contract on 1 December 2005.
• The Delivery Order was for the lease, maintenance, and service of copier and multifunctional equipment for the U.S. Army.
• The Delivery Order included FAR 52.217-8, which provided the government the unilateral right to extend contract performance.
• The government continued to use the copiers until August 2009, after the lease extension expired on 1 June 2009.
• Sharp submitted a request and invoice for early termination fees in the amount of $68,317.40 by letter dated 6 April 2010.
• The Army contracting officer did not respond within sixty days, leading to Sharp's appeal.

Parties

Appellant

Sharp Electronics Corporation

Respondent Agency

Department of the Army

Contract Number

GS-25F-0037M