IBM Corporation

Material Facts

• The Army awarded IDIQ Contract No. W91QUZ-04-D-0003 to IBM for IT services worldwide.
• Task Order 0002 was issued for IT support at the National Defense University with a performance period from 1 July 2005 to 2 September 2008.
• The contracting officer issued a demand for payment of $8,998,187 on 8 March 2013, alleging IBM's failure to perform.
• The government identified six network intrusions during the performance period, resulting in compromised DoD information.
• The contracting officer's final decision claimed IBM failed to execute network security IT services as required.

Parties

Appellant

IBM Corporation

Respondent Agency

United States Army

Contract Number

W91QUZ-04-D-0003