MPG West, LLC

Material Facts

• MPG West, LLC was awarded a requirements contract to supply fresh fruits and vegetables to military commissaries in Japan and South Korea.
• The contract required FOB destination delivery, including all costs associated with transportation and customs clearance.
• MPG West began performance in November 2015 after delays due to bid protests.
• MPG West submitted a request for equitable adjustment for $3.3 million, later converting it to a certified claim for $5,076,339.52.
• The government paid $2 million as a partial payment but denied the remaining claims.
• MPG West's total claim amount eventually reached $10,952,546, citing various operational difficulties.
• The government issued a final decision denying the claim, leading to MPG West's appeal.

Parties

Appellant

MPG West, LLC

Respondent Agency

Defense Commissary Agency

Contract Number

HDEC09-15-D-0002