International Oil Trading Company

Material Facts

• The government awarded IOTC Contract 0483 for delivery of fuel to military installations in Iraq on an indefinite delivery basis.
• The contract specified fixed prices for gallons of fuel delivered and had a total estimated value at award of $456,802,652.89.
• The Quantity Determination clause outlined methods for determining the quantity of fuel delivered.
• Fuel was loaded into IOTC tank trucks in Jordan and weighed by customs officials.
• IOTC prepared Fuel Delivery and Acceptance Forms for each load, which included the fuel weight and conversion to U.S. gallons.
• The government accepted the Aqaba weighbridge measurements at the discharge sites, despite the absence of temperature compensating meters.
• IOTC's claims for underpayment were based on discrepancies between the loaded quantities and the government-reported quantities.
• The contracting officer denied IOTC's claims entirely in a final decision dated 17 November 2010.

Parties

Appellant

International Oil Trading Company

Respondent Agency

Defense Logistics Agency-Energy

Contracting Agency

Defense Energy Support Center

Contract Number

SP0600-07-D-0483