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Supreme Foodservice GmbH

June 21, 2016Judge Scott

Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverStatute of Limitations / Timeliness

Supreme Foodservice GmbH appealed the contracting officer's denial of its claims and the assertion of government claims under the Subsistence Prime Vendor contract. The Board denied Supreme's motions to strike and for judgment on the pleadings regarding allegations of fraud in the inducement related to market-basket pricing.

Material Facts

Supreme Foodservice GmbH was awarded the Subsistence Prime Vendor contract for delivery of food and other products to the U.S. military in Afghanistan.
DLA paid Supreme approximately $8.8 billion between December 2005 and December 2013 for contract performance.
Supreme filed multiple appeals from CO final decisions regarding the contract, including claims of overpayments and fraud.
DLA asserted affirmative defenses of fraud in the inducement and conflict of interest against Supreme.
The Board previously ruled on related motions in a decision dated 17 March 2016.

Parties

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

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