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BNN Logistics

August 5, 2021Judge Osterhout

Partially SustainedQuantum / DamagesStatute of Limitations / Timeliness

BNN Logistics appealed several claims against the Army regarding deductions from invoices under a National Afghan Trucking contract. The Board granted in part and denied in part the Army's motions for summary judgment based on the statute of limitations.

Material Facts

The Bagram Regional Contracting Center awarded Contract No. W91B4N-11-D-7005 to BNN on August 15, 2011.
This contract was an Indefinite Delivery/Indefinite Quantity Multiple Award Task Order contract for trucking services in Afghanistan.
The government applied several deductions to BNN’s invoices based on performance metrics and alleged fuel pilfering.
BNN submitted a certified claim for $416,491.83 on April 17, 2018, for deductions taken through the QASP from November 2011 through January 2013.
BNN submitted another certified claim for $15,441,941.94 on May 7, 2019, alleging improper allocation of missions under the OML process.
BNN submitted a third certified claim on March 27, 2020, concerning improperly imposed financial penalties for fuel pilferage and unpaid demurrage, amounting to $2,988,718.86.

Parties

Appellant: BNN Logistics
Respondent Agency: Department of the Army
Contract Number: W91B4N-11-D-7005

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