58779

Maersk Line Limited, Inc.

April 23, 2014Judge Peacock
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverCDA JurisdictionCommercial Item

Maersk Line Limited, Inc. appealed a decision regarding the jurisdiction over Notices of Overcharge issued by the General Services Administration (GSA) under a FAR-based contract. The Board denied the government's motion to dismiss for lack of jurisdiction, affirming its authority under the Contract Disputes Act (CDA).

Material Facts

  • The contract was entered into on 30 January 2009 for international cargo transportation services.
  • The contract was an indefinite delivery/indefinite quantity commercial item contract.
  • GSA issued Notices of Overcharge alleging that Maersk overcharged the government for services provided under the contract.
  • Maersk submitted a request for a contracting officer's decision regarding the GSA Notices of Overcharge.
  • The CO issued a final decision stating he lacked authority to resolve the GSA Notices of Overcharge.

Parties

Appellant
Maersk Line Limited, Inc.
Respondent Agency
General Services Administration
Contracting Agency
United States Transportation Command
Contract Number
HTC-711-09-D-0040
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