5858058691

Superior Maritime Services, Inc. and Pacific Maritime Freight, Inc. (d/b/a Pacific Tugboat Service) Co-Venture

June 9, 2014Judge Peacock
Sustained / Appellant PrevailedCDA JurisdictionContract Formation / Existence

Superior Maritime Services, Inc. and Pacific Maritime Freight, Inc. appealed the dismissal of their claims for breach of a non-FAR based contract for transportation services. The Board determined it had jurisdiction over the appeals and ruled in favor of the appellant.

Material Facts

  • The Army issued a solicitation for transportation services on 10 April 2012.
  • The solicitation was not issued pursuant to the FAR but governed by the Defense Transportation Regulation.
  • The appellant submitted a tender offer on 17 April 2012.
  • The Navy's Transportation Officer selected the appellant's offer on 1 May 2012.
  • The solicitation was canceled on 8 June 2012 due to the current service provider's emergency repairs.
  • The appellant submitted a certified claim for breach of contract on 7 September 2012.

Parties

Appellant
Superior Maritime Services, Inc. and Pacific Maritime Freight, Inc. (d/b/a Pacific Tugboat Service) Co-Venture
Respondent Agency
Department of the Navy
Contracting Agency
Department of the Navy
Contract Number
000000-00-0-0000
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