American General Trading & Contracting, WLL

Material Facts

• The U.S. Army awarded Contract No. DABM06-03-C-0009 to AGT for laundry services at five locations in Kuwait.
• The contract was for six months, with an option to extend for six more months, and the total contract award was KWD 2,287,333.24 ($7,887,356).
• AGT claimed the government negligently estimated its laundry needs, which were significantly reduced after the invasion of Iraq.
• AGT's first claim was based on the government's negligent estimate, while the second claim sought compensation for additional services at Camp Victory and 35th Brigade.
• The government moved for summary judgment on both claims, asserting the invasion was a non-compensable sovereign act.
• The Board found it had jurisdiction over AGT's second claim based on an implied-in-fact contract.
• AGT submitted a certified claim for KD 1,271,991, which was later corrected to KD 1,358,241.400.

Parties

Appellant

American General Trading & Contracting, WLL

Respondent Agency

Department of the Army

Contract Number

Contract No. DABM06-03-C-0009