Dashti Sanat Logistics and General Contracting

Material Facts

• The Army issued Dashti a BPA for the lease of non-tactical vehicles in northern Iraq.
• The Army issued an order under the BPA for lease of vehicles to be delivered to Erbil International Airport, Iraq.
• Dashti performed the order, establishing a contractual obligation between the parties.
• The Army exercised options through modifications that extended services through March 2018.
• The Army contracting officer acknowledged that vehicles sustained damages and determined that Dashti was eligible for an equitable adjustment.
• The Army prepared a draft modification addressing vehicle damages, but the record contains no evidence that it was executed.
• USCENTCOM identified Dashti as providing funds under a covered contract directly to covered persons or entities, but the memorandum did not identify Dashti as a covered entity.
• The Army HCA later issued a memorandum purporting to void all past Army contracts with Dashti without identifying a specific contract.
• The HCA memorandum did not determine that the contract at issue provided funds directly or indirectly to a covered person or entity.
• The record contained no evidence supporting the government's assertion that Dashti was itself a covered person or entity.

Parties

Appellant

Dashti Sanat Logistics and General Contracting

Respondent Agency

U.S. Army

Contracting Agency

U.S. Army

Contract Number

W56KGZ-17-A-6014