WestWind Technologies, Inc.

Material Facts

• The government issued IDIQ Contract No. DAAA09-99-D-OO 14 to Skyhook Technologies, Inc. on 4 August 1999.
• WestWind became the successor in interest to Skyhook effective 1 January 2002.
• The base contract allowed for task orders to be issued on a CPFF, T&M, or FFP basis.
• WestWind negotiated and performed 31 task orders under the first base contract and 87 task orders under the second base contract.
• The contracting officer withheld 15% of the negotiated fixed fee in each task order issued against both base contracts.
• WestWind claimed that the government was improperly withholding amounts exceeding the limits set forth in FAR 52.216-8(b).

Parties

Appellant

WestWind Technologies, Inc.

Respondent Agency

Department of the Army

Contract Number

DAAA09-99-D-OO 14