63146

Safaa Al-Rawaby Company

March 15, 2023Judge McLish
Denied / Government PrevailedTermination for DefaultCommercial Item

Safaa Al-Rawaby Company appealed a termination for default by U.S. Special Operations Command Central Forward Headquarters regarding a contract for wheat delivery. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

  • The Contract required Safaa to deliver 7,827,600 kg of millable wheat over four months for a firm-fixed price of $1,689,589.20.
  • The Contract was terminated for default because Safaa failed to make the first required delivery.
  • Safaa claimed compensation for losses of $212,313 due to a non-purchase of wheat under a prior agreement.
  • The contracting officer issued a Cure Notice for lack of performance on November 2, 2021.
  • The Contract was terminated for cause on November 24, 2021, due to Safaa's default.

Parties

Appellant
Safaa Al-Rawaby Company
Respondent Agency
U.S. Special Operations Command Central Forward Headquarters
Contract Number
Contract No. H92277-21-C-0013
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