Public Warehousing Company, K.S.C.

May 2, 2016Judge Thrasher

Denied / Government PrevailedContract InterpretationCDA JurisdictionStatute of Limitations / Timeliness

Public Warehousing Company, K.S.C. appealed the denial of its claim for interest penalties under the Prompt Payment Act, which the government sought to dismiss for lack of jurisdiction and moved for summary judgment.

Material Facts

Public Warehousing Company, K.S.C. (PWC) appealed from the denial of its 5 December 2011 certified claim.
PWC sought $4,605,594.53 in interest penalties allegedly due pursuant to the Prompt Payment Act.
The government moved to dismiss the appeal for lack of jurisdiction, alleging portions of the claim were barred by the CDA's six-year statute of limitations.
The Board requested supplemental briefing regarding the impact of Sikorsky Aircraft Corp. v. United States on the government's motion.
The Prompt Payment Act requires agencies to pay interest penalties if payments are not made by the required date.
The contracts at issue included clauses stating that payment would be made in accordance with the Prompt Payment Act.

Parties

Appellant: Public Warehousing Company, K.S.C.
Respondent Agency: Defense Logistics Agency
Contracting Agency: Defense Supply Center Philadelphia
Contract Number: SP0300-03-D-3061

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