|
Decision
|
Astornet Technologies, Inc. (Astornet) filed this contract dispute with respect to a settlement agreement resolving an earlier bid protest it had filed. Astornet alleged that the FAA had breached the settlement agreement and essentially blacklisted Astornet from doing any more work within FAA. As evidence of the breach of the Settlement Agreement, Astornet asserted that a non-competitive award was made to another contractor for work it could have performed. The Program Office filed a motion that the dispute be dismissed summarily, pursuant to the ODRA Procedural Regulations at 14 C.F.R. §17.29, as legally insufficient. The ODRA granted the motion in part, summarily dismissing portions of the dispute which alleged that the Program Office materially breached a requirement of the settlement agreement by: failing to award contract work to Astornet; failing to notify Astornet of additional contracting opportunities; and awarding work to other contractors rather than to Astornet. The ODRA denied the motion to dismiss for legal insufficiency, without prejudice, with respect to the allegations that the Program Office breached the duty of good faith and fair dealing with respect to Astornet. (Decision on Motion to Dismiss). After discovery, the Program Office filed a Motion for Summary Judgment. The ODRA, after reviewing the pleadings, as well as the entire record, dismissed Astornets contract dispute with prejudice, concluding that: (1) there were no material facts in dispute with respect to Astornets claim that the Agency breached the duty of good faith and fair dealing with regard to Astornet; and (2) the Program Office was entitled to judgment as a matter of law. Decision (Decision on Motion for Summary Judgment).
|
