Public Warehousing Company K.S.C.

Material Facts

• Public Warehousing Company K.S.C. filed a certified claim on 28 November 2011 seeking $4,605,594.53 in interest penalties under the Prompt Payment Act.
• The contracting officer issued a final decision denying the claim on 1 November 2013.
• The government asserted affirmative defenses of fraud in the inducement and first material breach based on conduct related to the criminal proceedings against PWC.
• The U.S. Attorney for the Northern District of Georgia requested that the Board dismiss or stay the appeal due to substantial overlap with the criminal prosecution.

Parties

Appellant

Public Warehousing Company K.S.C.

Respondent Agency

Defense Logistics Agency

Contracting Agency

Defense Supply Center Philadelphia

Contract Number

SP0300-03-D-306 l