611006156061570

MPG West

September 20, 2022Judge Woodrow
Denied / Government PrevailedContract Formation / ExistenceContract Changes / Constructive ChangesDefective Specifications

MPG West's motion for reconsideration of the ASBCA's decision regarding a contract with the Defense Commissary Agency was denied. The Board found no errors in its previous findings or conclusions.

Material Facts

  • The contract was a requirements contract with the Defense Commissary Agency to supply fresh fruits and vegetables to U.S. Military commissaries in Japan and South Korea.
  • MPG West did not implement a local sourcing plan for produce and continued to source most produce from the United States and Mexico.
  • The Board found that the government did not mandate MPG West to lower prices or remove items, but rather requested it during weekly pricing meetings.
  • The contract was not subject to the Status of Forces Agreements (SOFA) between the United States and Korea and Japan.

Parties

Appellant
MPG West
Respondent Agency
Defense Commissary Agency
Contract Number
HDEC09-15-D-0002
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