57732

ThinkQ, Inc.

January 24, 2013Judge Park-Conroy
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverSmall BusinessCommercial Item

ThinkQ, Inc. appealed a decision regarding a Blanket Purchase Agreement (BPA) with the government, seeking payment for work performed under Delivery Order 0006. The Board denied ThinkQ's motion for summary judgment and granted the government's cross-motion.

Material Facts

  • On 13 February 2008, DLA Distribution issued a request for proposals for a BPA for professional support services.
  • ThinkQ was awarded BPA No. SP3100-08-A-0001 on 1 April 2008.
  • Delivery Order 0006 was issued on 9 April 2009 with a total ceiling price of $3,417,777.15.
  • ThinkQ billed the government for work performed under DO 0006 but claimed that $1,566,351.70 was not paid.
  • The government computed the amounts paid as $106,567.80 and $697,583.25, leaving $1,552,579.99 that was 'not utilized' under DO 0006.

Parties

Appellant
ThinkQ, Inc.
Respondent Agency
Defense Logistics Agency Distribution
Contract Number
SP3100-08-A-0001
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