CiyaSoft Corporation

Material Facts

• CiyaSoft Corporation licensed 20 copies of translation software to the government under a FAR Part 12 commercial items contract.
• The contract included a single user licensing agreement, the terms of which were unknown to the government before delivery.
• CiyaSoft alleged the government breached the contract by installing the software on multiple computers and failing to secure it.
• The contracting officer had limited experience and did not discuss licensing terms before awarding the contract.
• The software was delivered on September 18, 2010, and the government confirmed receipt and authorized payment shortly thereafter.

Parties

Appellant

CiyaSoft Corporation

Respondent Agency

Department of the Army

Contract Number

W91B4L-10-P-1475