62804

Ultra Electronic Ocean Systems, Inc.

June 17, 2021Judge McIlmail
Sustained / Appellant PrevailedTermination for DefaultCDA Jurisdiction

Ultra Electronic Ocean Systems, Inc. appealed the government's termination for default of its contract for torpedo system test sets. The Board denied the government's motions to dismiss for lack of jurisdiction and as moot.

Material Facts

  • The parties contracted on July 29, 2013, for Ultra to design, manufacture, test, integrate and deliver hardware and software for a new torpedo system-level test set.
  • The contract incorporates by reference FAR 52.249-6, FAR 52.249-8, and FAR 52.249-9.
  • On November 16, 2020, the contracting officer issued a notice of intent to terminate for default, citing Ultra's failure to deliver the Technical Data Package by September 8, 2020.
  • Ultra filed its notice of appeal on February 3, 2021, challenging the termination for default.
  • The government issued a formal notice of termination for default on March 23, 2021.

Parties

Appellant
Ultra Electronic Ocean Systems, Inc.
Respondent Agency
Navy
Contracting Agency
Naval Undersea Warfare Center
Contract Number
N66604-13-C-1026
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