57136

Golden Wings, Inc.

March 17, 2011Judge Paul
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Golden Wings, Inc. appealed the denial of its certified claim regarding damages to leased vehicles under Contract No. W91GYO-07-C-0629. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

  • On 24 May 2007, the Joint Contracting Command - Iraq and GWI entered into Contract No. W91GYO-07-C-0629 for the lease of 19 Chevrolet and GMC armored vehicles.
  • The contract contained two Contract Line Item Numbers (CLINs) with a total fixed-price amount of $399,000.
  • The contract included FAR clauses regarding options to extend services and liability for leased vehicles.
  • On 22 January 2009, GWI filed a certified claim for damages amounting to $467,079.00, alleging misuse and neglect by the government.
  • The CO inspected the vehicles and agreed that damages were beyond normal wear and tear, leading to a settlement of $307,190.
  • On 17 August 2009, GWI submitted a supplemental claim for $228,068.40, citing additional storage and depreciation costs.
  • The CO denied the supplemental claim, stating the government was not responsible for storage costs and that the contractor had accepted the vehicles.

Parties

Appellant
Golden Wings, Inc.
Respondent Agency
Department of the Army
Contract Number
W91GYO-07-C-0629
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