5625756337

CI², Inc.

March 5, 2014Judge Delman
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

CI², Inc. appealed a decision regarding contract modifications under ASBCA Nos. 56257 and 56337. The Board denied the government's motion for reconsideration, affirming its previous ruling.

Material Facts

  • The government contended that the Board erred by relying on a breach of contract theory not raised by the appellant.
  • Appellant claimed that the government was contractually obligated to assign and pay for certain units, and its failure constituted a breach.
  • The Board found that the contract modification was clear and that the government failed to show ambiguity or authority to waive requirements.
  • The Board clarified its terminology regarding the government's failure to 'assign' units instead of 'order' them.

Parties

Appellant
CI², Inc.
Respondent Agency
Department of the Army
Contract Number
DAB NO l-03-C-0007
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