Alfajer, Ltd.

October 20, 2023Judge Osterhout

Denied / Government PrevailedAuthority of Government AgentsSuperior Knowledge

This case involves a dispute between the United States Army and Alfajer, Ltd. regarding a Blanket Purchase Agreement for the lease of material handling equipment, culminating in the Board granting the government's motion for summary judgment.

Material Facts

The government entered into a Blanket Purchase Agreement with Alfajer on August 8, 2018.
The BPA incorporated FAR 52.212-4 and DFARS 252.225-7995.
The call order required Alfajer to provide material handling equipment for six months.
Alfajer’s personnel attempted to deliver equipment but faced security issues leading to a delay.
The government ordered Alfajer to remove its equipment by specific dates due to the anticipated closure of the base.
Alfajer removed all equipment by February 7, 2019.
Alfajer’s employees were classified as non-CAAF and did not request government-furnished security.
Alfajer filed a claim for the theft of equipment, which was denied by the Contracting Officer.
The appeal included counts for breach of contract, breach of the implied covenant of good faith and fair dealing, superior knowledge doctrine, and quantum valebant.

Parties

Appellant: Alfajer, Ltd.
Respondent Agency: United States Army
Contract Number: W91B4N-18-A-5006

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