60641

Nexagen Networks, Inc.

February 5, 2020Judge O'Connell
Denied / Government PrevailedQuantum / DamagesCDA Jurisdiction

Nexagen Networks, Inc. appealed a decision regarding its claim for damages related to a task order termination by the Army. The Board denied the government's motion for partial summary judgment, allowing Nexagen's claims to proceed.

Material Facts

  • The Army awarded Nexagen a multiple award indefinite-delivery/indefinite quantity contract in May 2013.
  • The appeal arises from a task order for data strategy service and software support awarded in February 2015.
  • The contracting officer terminated the task order for default on May 4, 2015, but changed it to a termination for convenience less than two weeks later.
  • Nexagen filed a complaint at the Court of Federal Claims on June 26, 2015, which included a bid protest and a claim for damages.
  • Nexagen submitted a certified claim to the contracting officer on August 1, 2015, seeking $40,244,379.94.
  • The Court dismissed Nexagen's claim for damages for lack of jurisdiction on December 21, 2015.
  • Nexagen submitted the claim at issue in this appeal on December 22, 2015, seeking $37,597,526.94 for consequential damages and $2,646,853 for expectation damages.

Parties

Appellant
Nexagen Networks, Inc.
Respondent Agency
Department of the Army
Contract Number
Wl5P7T-13-D-E077/KX01
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