63522

MTS General Trading & Construction¹

February 15, 2024Judge Arnett
Denied / Government PrevailedQuantum / DamagesCDA Jurisdiction

MTS General Trading & Construction appealed the denial of its claim for missing trucks under a Blanket Purchase Agreement with the U.S. Army. The Board denied the government's motion to dismiss the appeal for failure to state a claim.

Material Facts

  • MTS General Trading & Construction filed an appeal from the denial of its claim involving missing trucks.
  • The government awarded BPA No. W56KGZ-15-6000 to MTS on May 17, 2015.
  • MTS submitted a certified claim to the government requesting $453,000 for two trucks leased under BPA call orders.
  • The claim sought lease payments for a black water truck and a fuel truck, totaling $333,000 in unpaid lease payments.
  • The contracting officer issued a final decision denying the claim on October 27, 2022.
  • MTS filed its notice with the Board appealing the contracting officer's final decision on January 24, 2023.

Parties

Appellant
MTS General Trading & Construction
Respondent Agency
U.S. Army
Contract Number
W56KGZ-15-A-6000
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