583835861958620

Rashed Elham Trading Company

October 12, 2017Judge Newsom
Denied / Government PrevailedContract InterpretationTermination for DefaultCommercial Item

Rashed Elham Trading Company appealed the termination for cause of its contract for transporting cargo and fuel in Afghanistan, which the Board upheld, denying the appeals.

Material Facts

  • The contract was awarded to Rashed Elham Trading Company on 12 August 2011 for transporting cargo and fuel in Afghanistan.
  • The contract included a termination for cause clause under FAR 52.212-4.
  • RETC faced multiple performance issues, including failure to maintain required assets and submission of fraudulent mission sheets.
  • The government issued several letters of concern and suspended RETC from eligibility for new missions on multiple occasions.
  • RETC reported zero available assets from 4 April 2012 onward, indicating an intent not to perform.

Parties

Appellant
Rashed Elham Trading Company
Respondent Agency
Department of Defense
Contract Number
W91B4N-l l-D-7001
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