Contractor Convinces COFC That Government Required to Reimburse Taxes Levied by Foreign Government, but Claim Fails Due to Lack of Timely Notice; COFC No. 15-1443C, Gazpromneft-Aero Kyrgyzstan LLC v. United States

Claim for reimbursement of taxes levied by a foreign government on profits under two fuel contracts with the Department of Defense is denied, where the plaintiff failed to timely notify the agency of the levied taxes and prevented the government from negotiating to resolve the tax issue, even though the Court of Federal Claims agreed with the plaintiff that the government was required to reimburse the tax payments under an international agreement between the United States and the Kyrgyz Republic.