Public Warehousing Company K.S.C.

March 21, 2017Judge O'Connell

Partially SustainedAccord & Satisfaction / Release / Waiver

Public Warehousing Company K.S.C. appealed a decision regarding its contract with the Defense Logistics Agency, which involved a motion to amend the government's answer and a motion to dismiss or stay the appeal. The Board granted the motion to amend, denied the motion to dismiss, and granted a stay for one year.

Material Facts

PWC contracted with DLA to distribute food and other products to military customers in Iraq, Kuwait, and elsewhere in the Middle East as part of the Prime Vendor Program from 2003 through 2010.
The appeal concerns only the earliest period of performance of PV-1 between 2003 and 2004 under Modification 2.
PWC discovered that it had not billed the government for 779 truck trips that had departed between October 2003 and September 2004.
PWC submitted a certified claim to the contracting officer on 21 September 2009 and re-submitted it on 16 November 2010.
A grand jury in the Northern District of Georgia issued an indictment against PWC for various fraud offenses arising from the contract.
The contracting officer did not issue a final decision, and PWC filed this appeal on 27 January 2011.

Parties

Appellant: Public Warehousing Company K.S.C.
Respondent Agency: Defense Logistics Agency
Contract Number: SP0300-03-D-306 l

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