SYMVIONICS, Inc.

June 26, 2017Judge Sweet

Denied / Government PrevailedTermination for Default

SYMVIONICS, Inc. appealed the contracting officer's decision to terminate a delivery order for default. The Board granted the government's motion for summary judgment, concluding that SYMVIONICS had anticipatorily repudiated the contract.

Material Facts

On 29 November 2011, the Naval Air Warfare Center Training Systems Division awarded Symvionics Contract No. N61340-12-D-5207.
The contract was a multiple award, indefinite-delivery/indefinite-quantity contract to provide a broad range of new training system products.
In March 2015, NAVSEA identified a requirement to modernize the FFT control systems by installing Programmable Logic Controllers.
On 12 February 2015, NAWCTSD sent base contract holders a competition assessment regarding the upgrade of FFTs.
Symvionics's executive vice president determined that Symvionics could perform the PLC upgrade work but needed to subcontract the non-PLC work.
On 25 September 2015, NAWCTSD awarded DO 0002 to Symvionics.
DO 0002 prohibited work during the interim period (26 January 2016 through 15 June 2016).
On 6 November 2015, the CO sent Symvionics a notice to cure, stating that Symvionics had repudiated the delivery date.
On 18 November 2015, CO Gordon-Eubanks issued a notice of termination for default.

Parties

Appellant: SYMVIONICS, Inc.
Contract Number: N61340-12-D-5207

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