Vision Distributors LLC

Material Facts

• The Army awarded Vision Distributors a small business set-aside contract for delivery of three Quaestor 8000 testing devices manufactured by Draeger, Inc.
• The contract required delivery by May 27, 2025, at Fort Leonard Wood, Missouri.
• The contract incorporated FAR 52.212-4, including provisions addressing termination for cause and excusable nonperformance.
• Before signing the contract, Vision Distributors confirmed pricing but did not obtain a firm supplier commitment.
• After award, Vision Distributors requested a price increase after learning of a Draeger price increase attributed to tariffs.
• Vision Distributors later stated that it could not fulfill the order because Draeger would not authorize the sale or permit procurement through its sales channels.
• Vision Distributors was not an authorized Draeger reseller.
• Vision Distributors did not respond after the contracting officer advised that termination for cause would be initiated and invited information concerning adequate assurance or excusable delay.
• Vision Distributors presented no evidence that the government possessed or withheld relevant information about Draeger's sales practices.

Parties

Appellant

Vision Distributors LLC

Respondent Agency

the Army

Contracting Agency

Army Mission and Installation Contracting Command at Fort Drum, NY

Contract Number

W911S2-25-P-A259