VAE, Inc.

Material Facts

• NASA awarded VAE an indefinite-quantity SEWP contract for specified computer, networking, security, support, and related products and services.
• DISA awarded VAE delivery order HC102821F0036 under the SEWP contract with a base year and two option years.
• The delivery order required VAE to provide InQuest hardware, software, hardware maintenance, and software support.
• DISA exercised the first option year but did not exercise the second option year.
• Modification No. P00005 procured the InQuest products and services that were the subject of VAE’s claim.
• VAE alleged that the government continued using those InQuest products and services after the license and subscription expiration dates.
• VAE alleged that the licenses were incorporated into and part of the delivery order.
• VAE alleged that the government requested a temporary extension of the licenses and made representations concerning payment, renewal, and exercise of the second option year.
• An email in the claim record indicated that InQuest extended device licenses and continued field and ticket support at the request of Franco Canton, DISA’s Branch Chief of the JRSS Program Control Branch.

Parties

Appellant

VAE, Inc.

Respondent Agency

Defense Information Systems Agency

Contracting Agency

National Aeronautics and Space Administration

Contract Number

NNG15SC94B