Blackstone Consulting, Inc.

Material Facts

• WHS awarded BCI an IDIQ contract for meal services and operational support at the George C. Marshall Center in Germany.
• The contract included fixed unit-priced meal CLINs and a fixed unit-priced monthly CLIN for operational support.
• The operational-support CLIN required BCI to furnish labor, personnel, materials, and other necessary items in accordance with the PWS and local German labor laws.
• The contract stated that BCI was solely responsible for reporting and payment obligations under Host nation tax and labor laws.
• The contract stated that the Government had no obligation to issue task orders except the minimum order, which was $3500.
• The contract schedule stated an ordering period from July 1, 2024 through May 31, 2029, with a six-month option to extend.
• WHS issued a fixed-price task order with a period of performance from July 1, 2025 through December 31, 2025.
• WHS notified BCI that it would not exercise the second six-month option or the remaining option years.
• BCI sought reimbursement for mandatory German statutory notice-period and termination costs.
• The contracting officer denied BCI's claim.

Parties

Appellant

Blackstone Consulting, Inc.

Respondent Agency

Washington Headquarters Services

Contracting Agency

Washington Headquarters Services

Contract Number

HQ0847-24-D-0001