J&J Maintenance, Inc., d/b/a J&J Worldwide Services

May 15, 2023Judge McLish

Partially SustainedContract Formation / ExistenceCDA Jurisdiction

J&J Maintenance, Inc. appealed a decision by the Defense Commissary Agency regarding the validity of its claim for monetary and nonmonetary relief under a contract. The Board granted the government's motion to dismiss the monetary claim for lack of jurisdiction but retained jurisdiction over the nonmonetary claims.

Material Facts

DeCA awarded J&J three task orders to perform preventative maintenance and repair services for commissary facilities.
The task orders provided that J&J would perform preventative maintenance services on a fixed-price basis, while repairs would be compensated on a time and materials basis.
A dispute arose regarding J&J’s invoicing for subcontracted work performed on a time and materials basis.
J&J contended that its actual cost of materials included costs paid to subcontractors, including any markup.
The contracting officer issued a final decision stating that J&J had not submitted a proper claim and required a sum certain for monetary claims.
J&J's complaint requested monetary damages of $5,861.40 and declaratory relief regarding subcontractor markup and supply house invoices.

Parties

Appellant: J&J Maintenance, Inc., d/b/a J&J Worldwide Services
Respondent Agency: Defense Commissary Agency
Contract Number: Contract No. 47QSHA-19-D-003F

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