Erik Robinson d/b/a The Artwork Factory

Material Facts

• The Exchange declined to enter an agreement for Robinson to sell home decor products in its main stores because it considered his logistical and licensing problems to make an agreement impractical.
• Beginning in 2017, Robinson and the Exchange executed short-term concession agreements for identified dates through 2023.
• The short-term agreements did not grant Robinson long-term arrangements or storefront rights.
• The short-term agreements stated that they represented the entire agreement of the parties and that changes or amendments would be recognized only if in writing and incorporated by reference into the contract by the contracting officer.
• Army Regulation 215-8/DAFI 34-211(I) required each contractual relationship to be documented in writing on a prescribed AAFES form.
• EOP 65-1 required contracting officers to sign contractual documents.
• Robinson alleged that he abandoned legal action against the Exchange in exchange for promises of short-term services followed by long-term arrangements and storefront placements.

Parties

Appellant

Erik Robinson d/b/a The Artwork Factory

Respondent Agency

Army & Air Force Exchange Service

Contracting Agency

Army & Air Force Exchange Service

Contract Number

7235-0005-23