58999

ANHAM FZCO, LLC

November 13, 2018Judge Woodrow
Sustained / Appellant PrevailedContract InterpretationDCAA Involved

ANHAM FZCO, LLC appealed a decision regarding additional costs incurred due to a change in delivery operations mandated by the government under Contract No. SPM300-10-D-3373. The Board sustained the appeal, finding that the government's direction constituted a constructive change to the contract.

Material Facts

  • The contract was an indefinite-delivery, indefinite-quantity contract for the supply and delivery of food and non-food items to military customers within Kuwait, Iraq, and Jordan.
  • ANHAM was directed to alter its delivery operations from Kuwait to Iraq utilizing a commercial entry point.
  • The contract required deliveries to be made under military supervision.
  • The government recognized that the new procedures would significantly increase ANHAM's costs.
  • DLA and ANHAM engaged in negotiations regarding a contract modification to accommodate the new delivery method.

Parties

Appellant
ANHAM FZCO, LLC
Respondent Agency
DLA Troop Support
Contract Number
SPM300-10-D-3373
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