578845866658958589595898259038591645916559391593925939359418594195942059481596155961859619596365965359675596765968159682596835981159830598635986759872598796001760024602506030960365

Supreme Foodservice, GmbH

March 17, 2016Judge Scott

Partially SustainedAccord & Satisfaction / Release / WaiverStatute of Limitations / TimelinessEAJA / Attorney FeesDCAA Involved

Supreme Foodservice GmbH appealed the contracting officer's denial of claims under the Contract Disputes Act, while the government asserted affirmative defenses including fraud in the inducement and conflict of interest.

Material Facts

The contract was a Subsistence Prime Vendor contract for delivery of food and other products to U.S. military customers in Afghanistan.
The contracting officer denied Supreme's claims for payment and asserted claims against Supreme, alleging fraud and conflict of interest.
Supreme's principal owner, MAJ Alvarez, had prior involvement with DLA and was later employed by Supreme.
The contract was awarded to Supreme on 3 June 2005, with modifications made throughout its performance.
The government alleged that Supreme made material misrepresentations regarding pricing and relationships with suppliers.

Parties

Appellant: Supreme Foodservice GmbH
Respondent Agency: Defense Logistics Agency
Contract Number: SPM300-05-D-3130

Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.