Hallym Furniture Industrial Co., Ltd.

September 2, 2021Judge Smith

DismissedContract Formation / ExistenceCDA Jurisdiction

Hallym Furniture Industrial Co., Ltd. appealed a contracting officer's final decision denying its claim for reinstatement of a Blanket Purchase Agreement (BPA) and seeking an equitable adjustment for costs due to cancellation. The Board dismissed the appeal for lack of jurisdiction, determining the BPA was not a valid contract.

Material Facts

Hallym executed BPA No. W91QVN-20-A-0012 for repair of Government-owned wooden furniture on April 6, 2020.
The BPA indicated that it 'is not a contract' but contained clauses that referred to it as a 'contract'.
The BPA allowed for call orders to be issued on a rotating basis between Hallym and other contractors.
The government issued ten call orders that were performed by Hallym, but disagreements arose regarding the prices in Hallym's invoices.
The government canceled the BPA on November 11, 2020, due to Hallym's alleged unsatisfactory performance.
Hallym submitted a certified claim on November 25, 2020, seeking reinstatement of the BPA or ₩169.5M for various costs.
The government denied Hallym's claim in full with a COFD issued on December 7, 2020.

Parties

Appellant: Hallym Furniture Industrial Co., Ltd.
Respondent Agency: Department of the Army
Contract Number: W91QVN-20-A-0012

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