Information Systems and Networks Corporation v. United States

34 Fed. Cl. 457 (1995)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Information Systems and Networks Corporation v. United States

United States Court of Federal Claims
34 Fed. Cl. 457 (1995)

  • Written by Liz Nakamura, JD

Facts

Information Systems and Networks Corporation (ISN) (plaintiff) subcontracted with the United States Air Force (government) (defendant) to convert the government’s existing PFORMS database onto a new mainframe computer. The government’s statement of work (SOW) required that the converted PFORMS system support multiple users. ISN used TSO/ISPF software for the conversion, which did not support multiple users. ISN delivered the converted PFORMS system to the government on time. The government notified ISN that the system was inadequate because it did not support multiple users. The government sent ISN a Show Cause Notice, demanding that ISN justify its failure to timely deliver an adequate PFORMS system or face default. Seven months later, after minimal communications with ISN, the government terminated ISN’s subcontract for default. ISN filed a breach-of-contract action under the Contract Disputes Act (CDA), seeking to convert the default termination into a termination for the convenience of the government. ISN moved for partial summary judgment on liability, arguing that (1) the government’s design specifications required use of the TSO/ISPF software; (2) because TSO/ISPF does not support multiple users, the government’s design specifications made adequate performance impossible; and (3) the government waived its right to terminate ISN’s contract for default-in-delivery because it failed to terminate ISN’s contact within a reasonable timeframe. The government countered, arguing that (a) the government chose the TSO/ISPF software based on ISN’s advice; and (b) the Show Cause Notice clearly indicated that the government did not intend to waive its right to terminate ISN’s contract for default-in-delivery.

Rule of Law

Issue

Holding and Reasoning (Tidwell, III, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership