56129

Free & Ben, Inc.

March 9, 2012Judge Ting
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverCommercial Item

Free & Ben, Inc. appealed the decision regarding the termination of Contract No. W91GYO-07-C-0056 for cause, claiming errors in the Board's previous ruling on the nature of the trucks procured and the authority of government officials.

Material Facts

  • Free & Ben, Inc. entered into Contract No. W91GYO-07-C-0056 to deliver 126 cargo trucks to Iraq.
  • The government refused to issue an End Use Certificate, leading Free & Ben, Inc. to notify that delivery could not be fulfilled.
  • The government terminated the contract for cause based on Free & Ben, Inc.'s anticipatory repudiation.
  • The Board concluded that the trucks procured were commercial items and not troop carriers or military vehicles.

Parties

Appellant
Free & Ben, Inc.
Respondent Agency
Department of the Army
Contract Number
W91GYO-07-C-0056
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