United States Federal Circuit

A final decision of the Armed Services Board of Contract Appeals holding that the government breached a non-substitution clause of a delivery order awarded to plaintiff (an authorized software reseller and licensor under a blanket purchase agreement between Oracle Corporation and the Army's Information Technology E. Commerce and Commercial Contracting Center), is reversed as, under a proper interpretation of the contract, the government did not replace the contracted-for software following the termination of its contract with plaintiff, and hence did not breach the contract.

Appellate Information

• Decided 09/23/2010
• Published 09/23/2010

Judges

• LOURIE

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Matthew H. Solomson, David C. Aisenberg