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Afghan Premier Logistics

February 24, 2022Judge Wilson
Denied / Government PrevailedCDA JurisdictionContract Formation / ExistenceStatute of Limitations / TimelinessAccord & Satisfaction / Release / Waiver

Afghan Premier Logistics appealed against the Department of the Army's denial of claims related to a contract for transportation services, arguing that the claims were timely and not barred by a release of claims. The Board granted the Army's motion for summary judgment, concluding that the claims were filed beyond the six-year limit set by the Contract Disputes Act.

Material Facts

  • The Army awarded Contract No. W91B4N-11-D-7003-P00008 to APL on August 12, 2011.
  • The contract included a 12-month base period and two option periods.
  • APL's program manager regularly disputed deductions on invoices returned from the Army.
  • On October 17, 2014, APL's program manager signed a release of claims memorandum.
  • APL submitted claims to the CO on October 28, 2020, and November 10, 2020.

Parties

Appellant
Afghan Premier Logistics
Respondent Agency
Department of the Army
Contract Number
Contract No. W91B4N-11-D-7003
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