59283

ANHAM FZCO, LLC

July 20, 2017Judge Kinner
Denied / Government PrevailedSuperior KnowledgeAccord & Satisfaction / Release / Waiver

ANHAM FZCO, LLC appealed the denial of its claim for warehouse lease costs incurred due to the withdrawal of U.S. troops from Iraq. The ASBCA denied the government's motion for summary judgment, allowing the case to proceed.

Material Facts

  • ANHAM FZCO, LLC was awarded an indefinite-quantity contract to procure, store, and distribute food items to military and federal customers.
  • The contract required ANHAM to maintain a 45-day supply of food ready for distribution.
  • The U.S. entered a Status of Forces Agreement with Iraq, establishing that American troops would leave by December 31, 2011.
  • ANHAM submitted a claim for $10,989,020 for lease costs incurred between January 1, 2012, and January 15, 2013, which was denied by DLATS.
  • The government asserted several affirmative defenses, including the Sovereign Acts Doctrine and that ANHAM assumed the risk of troop withdrawals.

Parties

Appellant
ANHAM FZCO, LLC
Respondent Agency
Defense Logistics Agency - Troop Support
Contracting Agency
Defense Supply Center Philadelphia
Contract Number
SPM300-10-D-3373
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