The Public Warehousing Company
The Public Warehousing Company appealed a denied claim for transportation fees related to delays in returning trucks from Iraq, asserting that the government breached contract terms. The Board upheld the contracting officer's decision, affirming the 29-day cap on transportation fees.
Material Facts
- PWC contracted with Defense Supply Center Philadelphia (DSCP) to supply food to government customers in Iraq.
- PWC submitted a claim for $13.37 million due to delays in returning trucks held in Iraq for over 29 days.
- The contracting officer denied the claim based on the 29-day cap established in Modification No. P00027.
- PWC's General Manager signed Modification No. P00027, which included the 29-day cap without exceptions.
- The Board found that PWC was aware of the risks associated with delays when it agreed to the modification.
Parties
- Appellant
- The Public Warehousing Company
- Respondent Agency
- Defense Logistics Agency
- Contracting Agency
- Defense Supply Center Philadelphia
- Contract Number
- SP0300-03-D-3061
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