58384

Teddy's Cool Treats

May 7, 2014Judge Tunks
DismissedAccord & Satisfaction / Release / WaiverFailure to Prosecute / Dismissal

Teddy's Cool Treats appealed the termination for default of its contract to provide mobile ice cream services. The Board dismissed the appeal as moot after the government changed the termination to a notice termination.

Material Facts

  • The Exchange terminated the contract for default on 25 October 2012.
  • The termination notice included a provision for a 30-day notice of termination if the default was not effective.
  • The government moved for summary judgment on 1 May 2013, which was denied due to disputed material facts.
  • On 12 February 2014, the Exchange changed the termination for default to a notice termination under clause number 8.b.
  • The government moved to dismiss the appeal as moot on 14 February 2014.

Parties

Appellant
Teddy's Cool Treats
Respondent Agency
Army & Air Force Exchange Service
Contract Number
GOR 12-057
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