Andy Phillips

Material Facts

• The contract was a concessionaire contract for management and operation of Tumbleweed Restaurant in Germany.
• The contract performance period consisted of a base period of one year with four additional one-year option periods.
• Mr. Phillips agreed to move Tumbleweed to Building 227, and the government invested over $67,000 in renovations for the new location.
• The hardwood bar was disposed of by DPW during construction of the warrior zone after Tumbleweed moved out of Building 607.
• Mr. Phillips purchased a new cash register in September 2011, but there was no evidence that the government breached its duty to provide one.

Parties

Appellant

Andy Phillips

Respondent Agency

Army Non-Appropriated Fund Instrumentality

Contract Number

NAFZUI-06-T-0231