Agility Defense & Government Services, Inc. (a/k/a Agility DGS Holdings, Inc.)

November 14, 2014Judge Thrasher

Denied / Government PrevailedAccord & Satisfaction / Release / WaiverCDA JurisdictionDCMA Involved

Agility Defense & Government Services, Inc. appealed the termination contracting officer's settlement determination regarding the termination for convenience of certain contract line items. The Board denied the government's motion to dismiss the appeal for lack of jurisdiction.

Material Facts

DLA awarded an indefinite-quantity contract to Agility on 12 December 2008.
The contract included seven CLINs, with Agility's complaint relating to CLIN 0002.
Agility began work under CLIN 0002 in September 2009.
DLA suspended Agility's work under CLIN 0002 in November 2009.
Agility filed a pre-termination claim on 23 November 2011, asserting constructive termination.
The contracting officer denied Agility's pre-termination claim on 20 March 2012.
Agility's contract was terminated for convenience on 31 July 2012.
Agility filed a complaint with the United States Court of Federal Claims, which was transferred to the Board.

Parties

Appellant: Agility Defense & Government Services, Inc. (a/k/a Agility DGS Holdings, Inc.)
Respondent Agency: Defense Logistics Agency
Contract Number: SPM7LX-09-D-9004

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