Nexagen Networks, Inc.

Material Facts

• The Army awarded Nexagen a multiple award indefinite-delivery/indefinite-quantity contract on May 31, 2013.
• Nexagen performed the task order for less than three months before the Army issued deficiency notices and a cure notice.
• The contracting officer terminated the task order for default on May 4, 2015, but later changed it to a no-cost termination for convenience on May 15, 2018.
• Nexagen submitted a certified claim on December 22, 2015, seeking $37,597,526.94 for consequential damages and $2,646,853 for expectation damages.
• The contracting officer denied the claim on May 6, 2016, stating that the consequential damages were unsupported and not provided for under FAR 49.3.

Parties

Appellant

Nexagen Networks, Inc.

Respondent Agency

Department of the Army

Contract Number

Wl5P7T-13-D-E077