Man & Machine, Inc.
Man & Machine, Inc. appealed the government's motion to dismiss for lack of jurisdiction, asserting the existence of an implied contract. The Board dismissed the appeal, concluding no contract existed.
Material Facts
- In 2015, a nurse consultant at WRNMMC requested market research for a CAC-enabled keyboard.
- Mr. Bailey identified Man & Machine, Inc. as a potential vendor for such products.
- MMI sent test products to WRNMMC on or about December 14, 2015.
- In January 2017, MMI requested WRNMMC return the products.
- In November 2017, WRNMMC received two invoices from MMI totaling $120,517.18.
- MMI alleged WRNMMC constructively accepted the products and was required to pay for them.
- MMI forwarded correspondence to the DHA contracting activity stating there was no formal contract.
- The contracting officer sent a letter to MMI indicating DHA would not respond because it was not a properly certified claim.
- The contracting officer issued a final decision denying MMI's claim on February 7, 2018.
- MMI timely filed its notice of appeal with the Board on April 23, 2018.
Parties
- Appellant
- Man & Machine, Inc.
- Respondent Agency
- Defense Health Agency
- Contract Number
- 000000-00-0-0000
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