Public Warehousing Company K.S.C.

Material Facts

• Public Warehousing Company, now known as Agility, is a logistics company organized under the laws of Kuwait.
• The Defense Supply Center Philadelphia awarded Public Warehousing Company a Prime Vendor contract for delivery of subsistence items.
• The contract included a performance-based distribution fees clause that required evaluations every six months.
• The contracting officer failed to issue a decision on Public Warehousing Company's claim for unpaid fees, which was contingent upon ongoing investigations.
• Public Warehousing Company appealed after the contracting officer's repeated postponements of a decision.

Parties

Appellant

Public Warehousing Company K.S.C.

Respondent Agency

Defense Logistics Agency

Contracting Agency

Defense Supply Center Philadelphia

Contract Number

SPM300-05-D-3128