Free & Ben, Inc.
Free & Ben, Inc. appealed the termination of its contract for cause by the government, claiming the termination was improper due to the need for an End User Certificate (EUC). The Board upheld the termination, finding that the contractor's inability to perform was not excusable.
Material Facts
- Free & Ben, Inc. entered into a $6.1 million firm fixed-price contract to provide 126 medium 5-ton cargo trucks.
- The government refused to issue an End User Certificate (EUC) required for exporting the trucks.
- The contractor claimed it could not deliver the trucks without the EUC, leading to the government's termination of the contract for cause.
- The Board found that the contractor's failure to perform was due to its own lack of due diligence regarding export requirements.
Parties
- Appellant
- Free & Ben, Inc.
- Respondent Agency
- Joint Contracting Command-Iraqi/Afghanistan
- Contract Number
- W91GYO-07-C-0056
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