63771

Red Bobtail Transportation

May 23, 2024Judge Eyester
Partially SustainedQuantum / DamagesCommercial Item

Red Bobtail Transportation appealed a contracting officer's final decision denying its claim for deductions from invoices. The Board partially granted the appeal, finding the deductions were unenforceable penalties.

Material Facts

  • USTRANSCOM awarded fixed-priced, multiple award indefinite quantity Contract No. HTC711-14-D-R028 to RBT for National Afghan trucking services.
  • The contract included a performance work statement (PWS) that detailed performance objectives and standards.
  • RBT delivered fuel one day late for two transportation movement requests, resulting in deductions from its invoices.
  • RBT submitted a claim for breach of contract and good faith and fair dealing, which was denied by the contracting officer on the grounds of timeliness and lack of certification.

Parties

Appellant
Red Bobtail Transportation
Respondent Agency
United States Transportation Command
Contract Number
HTC711-14-D-R028
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