60314

ABB Enterprise Software, Inc., f/k/a Ventyx

June 29, 2016Judge Prouty
Denied / Government PrevailedCDA JurisdictionCommercial Item

ABB Enterprise Software, Inc. appealed a decision regarding jurisdiction under the Contract Disputes Act related to a software license agreement. The Board denied the government's motion to dismiss for lack of jurisdiction.

Material Facts

  • The contracts at issue were between the United States Navy and Tech-Assist, Inc.
  • The contracts were executed on 29 September 2004 and 21 September 2005.
  • The purpose of the contracts was to obtain software modules from Tech-Assist.
  • The Navy executed a license agreement for 268 copies of the eSOMS software on 5 October 2005.
  • Ventyx, the successor-in-interest to Tech-Assist, filed a claim on contract 038 with the contracting officer on 6 February 2015.

Parties

Appellant
ABB Enterprise Software, Inc., f/k/a Ventyx
Respondent Agency
United States Navy
Contract Number
NOOl 74-05-C-0038
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