Earthstar Construction and Logistics Company

Material Facts

• The Army Regional Contracting Center issued Request for Quotations for seven refrigerated connexes on 24 January 2012.
• The RFQ incorporated FAR 52.212-4, which outlines the terms and conditions for commercial items.
• The government amended the RFQ to specify that only new items would be accepted.
• Earthstar submitted a price proposal and confirmed it was quoting new connexes.
• The first shipment of connexes was delivered on 21 February 2012 and was rejected for non-conformance.
• The contractor failed to deliver new connexes by the required date of 15 March 2012.
• The government terminated the contract for cause on 17 March 2012.

Parties

Appellant

Earthstar Construction and Logistics Company

Respondent Agency

Department of the Army

Contract Number

W5K9FH-12-P-0110