The Public Warehousing Company
The Public Warehousing Company appealed the denial of its claim for additional fees due to government-caused delays in truck returns from Iraq. The Board granted the motion to amend the complaint and denied the government's motion to dismiss.
Material Facts
- PWC, now known as Agility, is a public company organized under the laws of Kuwait.
- On 30 May 2003, DSCP awarded Contract No. SP0300-03-D-3061 to PWC for delivery of subsistence items to U.S. and allied forces in Kuwait and Qatar.
- The contract included provisions for changes and disputes under FAR 52.212-4.
- Bilateral Modification No. P00001 added the Iraq Deployment Zone to the contract.
- Modification No. P00027 established a maximum number of days for transport fees, stating that the government would not pay transportation fees beyond 29 days.
- PWC submitted a claim for $2,951,335.00 for 467 truck trips that exceeded the 29-day limit due to customer-caused delays.
Parties
- Appellant
- The Public Warehousing Company
- Respondent Agency
- DLA Troop Support
- Contracting Agency
- Defense Logistics Agency
- Contract Number
- Contract No. SP0300-03-D-3061
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