63508

Gilbert Solutions, LLC

June 22, 2023Judge Taylor
Denied / Government PrevailedContract Formation / ExistenceCommercial Item

Gilbert Solutions, LLC appealed a contracting officer's final decision terminating their contract for cause, which the Board found void ab initio due to material misrepresentations in their bid.

Material Facts

  • The Army awarded a firm-fixed price commercial items contract to Gilbert Solutions, LLC to purchase four portable restroom trailers.
  • The government issued a contracting officer’s final decision terminating the contract for cause.
  • Gilbert submitted a bid referencing part number CHS408999 for the Comforts of Home trailers but later decided to deliver a different model.
  • The UltraLav trailer offered by Gilbert differed significantly from the Comforts of Home trailer specified in the bid.
  • The government awarded the contract based on Gilbert's bid, which included a specification for the Comforts of Home trailer.

Parties

Appellant
Gilbert Solutions, LLC
Respondent Agency
United States Army
Contract Number
W91WRZ-22-P-0001
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