Binghamton Simulator Company

Material Facts

• The United States Army awarded Contract No. W900KK-09-D-0323 to Science Applications International Corporation, now known as Leidos, Inc.
• BSC was Leidos' subcontractor for the NCM3 effort and provided software programs for simulation training.
• A dispute arose regarding the government's rights to use BSC's software programs, with the government asserting it had government purpose rights.
• The contracting officer issued a final decision to Leidos denying the validity of BSC's asserted rights.
• BSC filed a notice of appeal to the Board, which was docketed as ASBCA No. 59117.
• Leidos stated it did not sponsor BSC's appeal, and BSC contended it had the right to appeal under the terms of their subcontract.

Parties

Appellant

Binghamton Simulator Company

Respondent Agency

Department of the Army

Contract Number

Contract No. W900KK-09-D-0323