60657

Parwan Group Company

June 25, 2018Judge D'Alessandris
DismissedContract InterpretationCDA JurisdictionFailure to Prosecute / DismissalCommercial Item

Parwan Group Company appealed a contracting officer's final decision denying its claim for unanticipated security costs arising from a fuel delivery contract in Afghanistan. The Board dismissed the appeal for lack of jurisdiction and failure to state a claim.

Material Facts

  • DLA issued Solicitation No. SP0600-12-R-0208 seeking proposals for the transportation of government-owned fuel products in Afghanistan.
  • Parwan did not include costs for convoy security in its proposal based on DLA's guidance that vendors would not be considered for award if they used armed private security.
  • The contract awarded to Parwan was a fixed-price commercial item contract with a total estimated value of $12,902,090.
  • In February 2013, Afghan law required Parwan to use security escorts for fuel deliveries, which increased its costs significantly.
  • Parwan submitted multiple requests for equitable adjustment (REAs) due to the increased security costs, which were ultimately denied by DLA.

Parties

Appellant
Parwan Group Company
Respondent Agency
Defense Logistics Agency-Energy
Contract Number
SP0600-13-D-9504
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