58852

ESCgov, Inc.

June 16, 2015Judge Younger
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverContract InterpretationCommercial Item

ESCgov, Inc. appealed the termination for convenience of its contract with the Defense Information Systems Agency, seeking recovery of software procurement and intellectual property costs. The Board denied the government's motion for partial summary judgment.

Material Facts

  • The 2012 contract was awarded to ESC on 24 July 2012 to provide software solutions.
  • The government terminated the 2012 contract for convenience at no cost to either party on 29 August 2012.
  • ESC submitted a termination settlement proposal seeking payment of $3,384,500.76 under the 2012 contract.
  • ESC's executive vice president stated that the licenses purchased were perpetual and limited to use in support of DISA.
  • ESC developed intellectual property to meet the requirements of the 2008 contract, which was not directed by the contract.

Parties

Appellant
ESCgov, Inc.
Respondent Agency
Defense Information Systems Agency
Contract Number
Contract No. HC1028-12-C-0047
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