Alfajer, Ltd.

Material Facts

• The government issued a blanket purchase agreement with a dollar limit of $93,000,000 and an order limit of $1,500,000.
• The BPA included clauses placing risk on the contractor for working in dangerous conditions.
• The parties entered into a call under the BPA requiring six-month leases for equipment.
• Appellant filed a certified claim with the contracting officer for $355,000 due to alleged hijacked equipment.
• The contracting officer denied the claim, stating the risk was on the contractor in a firm-fixed price contract.
• Appellant timely appealed the contracting officer's decision.

Parties

Appellant

Alfajer, Ltd.

Respondent Agency

United States Army

Contract Number

W91B4N-18-A-5006