US Military Corp

Material Facts

• The Navy’s Purchase Order required two 3-ton forklifts meeting the Statement of Work specifications, with delivery required on or before July 28, 2025.
• The Purchase Order did not specify a brand name, make, or model of forklift.
• USMC signed the Purchase Order on July 21, 2025.
• The Purchase Order included a requirement for an enclosed cab with heat and an operator cooling fan, with air conditioning preferred, and provided for a rain canopy only if no bidder could meet the stated specification without an exception.
• On July 23, 2025, USMC advised that the two forklifts with cabs were no longer available and identified alternative diesel forklifts.
• USMC subsequently communicated about gasoline forklifts and Toyota forklifts with a rain canopy and fan.
• The contracting officer stated on July 24, 2025, that a termination for cause would issue following confirmation that USMC was unable to fulfill the equipment requirements.
• The Navy issued the termination for cause modification on July 25, 2025, three days before the delivery deadline.
• USMC’s final communication before termination stated that it could deliver two Toyota 6K forklifts with a rain canopy and fan that met the specification.
• USMC’s response to the Navy’s requests for admission did not constitute an admission that it could not provide contract-compliant forklifts by the delivery date.

Parties

Appellant

US Military Corp

Respondent Agency

Department of the Navy

Contracting Agency

Department of the Navy

Contract Number

N39040-25-P-0117