61932

Guardian Safety & Supply LLC d/b/a Enviro Safety Products

May 8, 2019Judge Cates-Harman
Sustained / Appellant PrevailedContract Formation / ExistenceEquitable Adjustment (REA)Small Business

Guardian Safety & Supply LLC appealed a decision regarding an alleged implied-in-fact contract with the USAF for the purchase of masks, seeking reimbursement for a restocking fee after the contract was terminated for convenience. The Board sustained the appeal, finding that a valid contract existed.

Material Facts

  • Enviro Safety was the recipient of an order placed by the USAF for 500 3M Versaflo masks.
  • The USAF used a Military Interdepartmental Purchasing Request (MIPR) to purchase the masks directly from Enviro Safety.
  • Enviro Safety incurred a restocking fee of $57,536.10 after the USAF terminated the alleged contract for convenience.
  • The MIPR was intended by the parties to be a contract and was ratified by government personnel.
  • The government initially rejected Enviro Safety's invoice due to the absence of a contract number.

Parties

Appellant
Guardian Safety & Supply LLC d/b/a Enviro Safety Products
Respondent Agency
United States Air Force
Contract Number
F3J6AF8152GW01
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