WINN Solutions LLC

Material Facts

• The Army awarded Contract No. W911S2-23-P-1529 to WINN in the amount of $126,766.44 for the purchase and installation of commercial-off-the-shelf products.
• The contract incorporated by reference FAR clause 52.212-4.
• The Army and WINN agreed to a bilateral contract modification to extend the delivery date from October 13, 2023, to December 12, 2023.
• The contracting officer warned WINN that the contract would be terminated for cause if not completed by December 12, 2023.
• The contracting officer informed WINN of its failure to provide software systems by the required delivery date and stated that the contract would be terminated for cause.
• WINN filed its notice of appeal on January 10, 2024, alleging that the contracting officer terminated the contract for cause.
• The Army later informed WINN that the contract was not terminated for cause and would be terminated for the convenience of the government.
• The government filed its motion to dismiss this appeal for lack of jurisdiction on March 22, 2024.

Parties

Appellant

WINN Solutions LLC

Respondent Agency

United States Army

Contract Number

Contract No. W911S2-23-P-1529