No. 2020-1233

Billie O. Stone dba Stobil Enterprise v. Sec'y of the Air Force

Oct 19, 2021opinionAppeal from the ASBCA
DismissedContract disputeNonprecedentialContractor appealed

Disposition

DISMISSED

Dismissed. Read from the standalone disposition line the opinion closes on. The appeal itself was dismissed, most often as moot or for want of jurisdiction, so no side prevailed on the merits of it.

Key Facts

Appellant
Billie O. Stone dba Stobil Enterprise
Appellee
Secretary of the Air Force
Appeal taken by
Contractor appealed

The contractor or protester lost below and brought the appeal.

Docket number
No. 2020-1233
Decided
Oct 19, 2021

From the opinion's own decided line.

Matter
Contract dispute
Panel
NEWMAN, LOURIE, O’MALLEY
Opinion by
PER CURIAM

Appealed From

ASBCA61688

The Armed Services Board of Contract Appeals, the Contract Disputes Act board for the defense agencies and NASA.

Appeal from the Armed Services Board of Contract Ap peals in Nos. 61688, 61689, Administrative Judge Richard Shackleford

Counsel

Also appearing
BILLIE O. STONE
San Antonio, TX, pro se
For the appellee
GEOFFREY MARTIN LONG
Commercial Litigation Branch, Civil Division, United States Department of Jus- tice
Washington, DC
For the appellee
BRIAN M
Commercial Litigation Branch, Civil Division, United States Department of Jus- tice
Washington, DC
Opinion PDF (cafc.uscourts.gov)The disposition, the side that appealed and the appearances above are read deterministically from the opinion's own words. The court's document is the source of record.

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Full Opinion

Full text of the opinion5 pages, 6,720 characters, read from the court's own documentDecided Oct 19, 2021 on the opinion's own line Decision documentOfficial source: U.S. Court of Appeals for the Federal Circuit opinions and orders
PanelNEWMAN, LOURIE, O’MALLEYOpinion byPER CURIAMNonprecedentialDismissed
Appealed fromArmed Services Board of Contract Ap peals61688, 61689Judge Richard ShacklefordThe opinion states: Appeal from the Armed Services Board of Contract Ap peals in Nos. 61688, 61689, Administrative Judge Richard Shackleford
The opinion closes: DISMISSED(the standalone disposition line)

Authorities cited

2 authorities read from this opinion's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Read from the opinion's own words with no model involved. Statutes, regulations, the acts these forums argue by name, and cases at the board, this office or the Comptroller General are recognized; any other citation form is left out rather than guessed at, so this is a floor on what the opinion cites.

Cases cited

1 case this opinion cites, in the order it first names it. No published copy of any of them was confirmed, so each is shown without a link.

Palmer v. Barram184 F.3d 1373(Fed. Cir. 1999)

Read from the opinion's own words with no model involved: the party names and the citation are as the opinion prints them. A case cited to a reporter is not held here, so where it opens was confirmed one citation at a time against an outside database and is labelled as leaving this app; a citation that database could not place, or matched to more than one case, is shown without a link rather than guessed at. A case named without a citation of any kind carries nothing to read, so it is left out rather than guessed at, and this is a floor on what the opinion cites.

N OTE: This disposition is nonprecedential.

United States Court of Appeals

for the Federal Circuit

BILLIE O. STONE, DBA STOBIL ENTERPRISE,

Appellant

v.

SECRETARY OF THE AIR FORCE,

Appellee

2020-1233

Appeal from the Armed Services Board of Contract Ap-

peals in Nos. 61688, 61689, Administrative Judge Richard

Shackleford.

Decided: October 19, 2021

The case caption as the opinion prints it. Every word is kept; only a line that is nothing but a drawn rule is left out.

For the appellee
GEOFFREY MARTIN LONG
Commercial Litigation Branch, Civil Division, United States Department of Jus- tice
Washington, DC
As the opinion writes it

GEOFFREY MARTIN LONG, Commercial Litigation Branch, Civil Division, United States Department of Jus- tice, Washington, DC, for appellee. Also represented by BRIAN M. BOYNTON, MARTIN F. HOCKEY, J R., PATRICIA M. MCCARTHY.

BRIAN M
Commercial Litigation Branch, Civil Division, United States Department of Jus- tice
Washington, DC
As the opinion writes it

Also represented by BRIAN M.

Other appearances
BILLIE O. STONE
San Antonio, TX, pro se
As the opinion writes it

BILLIE O. STONE, San Antonio, TX, pro se.

BILLIE O. STONE, San Antonio, TX, pro se.

G EOFFREY MARTIN L ONG, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for appellee. Also represented by BRIAN M. B OYNTON, MARTIN F. HOCKEY , J R., P ATRICIA M. MCCARTHY .

Before NEWMAN, LOURIE, and O’MALLEY, Circuit Judges.

PER CURIAM.

Billie O. Stone appeals from the decision of the Armed Services Board of Contract Appeals (“the Board”) denying his monetary claim against the Department of the Air Force. Appeals of Stobil Enter., Nos. 61688, 61689, 2019 ASBCA LEXIS 19 (Jan. 18, 2019) (“Decision”). Stone’s claim against the Air Force stems from a dispute over a contract for the removal and replacement of a door. For the following reasons, we dismiss the appeal for lack of jurisdiction.

BACKGROUND

Stone d/b/a/ Stobil Enterprise specializes in door installations. In January 2018, the Air Force submitted a Request for Quotation (RFQ) for the removal and replacement of a door. SAppx 14. The RFQ’s Statement of Work (SOW) stated in relevant part:

PROJECT SCOPE: The contractor shall furnish all supervision, labor, transportation[,] materials, tools, incidentals, equipment, and Quality Assurance to remove existing Overhead Door and install new Overhead Door, hardware, and electric motors. . . .

PROJECT DESCRIPTION: The requirements of this project are but not limited to the following: Remove one (1) each steel overhead door and replace with new 25’ by 21’ heavy duty rolling overhead door with electric operators.

Id. at 30.

“SAppx” refers to the appendix attached to the government’s response brief.

Stone submitted a quote in response to the RFQ. Subsequently, the Air Force awarded Stone the contract. Id. at 20.

After inspecting the door, Stone sent an email to the Air Force contract specialist informing her that the drum, which assists in the door’s electrical operation, was damaged. Id. at 23. He wrote that he could replace the drum, but that it would add an additional cost to the existing contract. Id. The contract specialist responded that, under the SOW, Stone would need to replace the drum at no additional cost. Id. at 24. She pointed out that the SOW required removal and replacement of the door and a drum is “part of the electrical operation” of the door. Id.

Stone disagreed and submitted a claim to the contracting officer for $126,000. Id. at 28. The claim encompassed, among other things, costs for purchase of materials and “harm; undue hardship; and loss of credit standing with the [m]anufacturer for nonpayment of the supplied materials procured for the Government’s requirement.” Id. The contracting officer denied Stone’s claim. Id. at 38. Shortly thereafter, the Air Force terminated its contract with Stone because he failed to complete the task by the required date. Id. at 39.

Stone appealed to the Board pursuant to the Small Claims Procedure. 41 U.S.C. § 7106(b). The Board sustained the contracting officer’s denial of Stone’s monetary claim and termination of the contract. See Decision, 2019 ASBCA LEXIS 19, at *10–12. According to the Board, per the SOW, Stone should have replaced the drum at no additional cost. The Board acknowledged that the drum was not mentioned in the contract, but credited the government’s argument that it was industry practice to replace the drum when replacing the door. Id. The Board also denied Stone’s motion for reconsideration. Appeals of Stobil Enter., Nos. 61688, 61689, 2019 ASBCA LEXIS 211, at *7 (July 23, 2019).

DISCUSSION

Our jurisdiction to review decisions of the Board is limited. The Contract Disputes Act defines this court’s jurisdiction to entertain appeals from Board decisions adjudicated pursuant to the Small Claims Procedure. It provides that such decisions are “final and conclusive and may not be set aside except in cases of fraud.” 41 U.S.C. § 7106(b)(4); see also § 7107. To invoke this court’s jurisdiction to review the Board’s decision, an appellant must make a “non-frivolous allegation of fraud in the board proceedings.” Palmer v. Barram, 184 F.3d 1373, 1380 (Fed. Cir. 1999).

Stone alleges that the Board acted fraudulently in making its decision. According to Stone, the Board “violat[ed] . . . federal statute[s]” and “failed to execute proper review.” Appellant’s Br. 11, 13. The government responds that we lack jurisdiction over Stone’s appeal because he has failed to non-frivolously allege fraud. Specifically, the government contends that Stone’s fraud allegations are conclusory and unsupported.

We agree with the government that we lack jurisdiction over this appeal. Although Stone makes general allegations that the Board acted fraudulently in reaching its decision, he provides no specific evidence in support of those allegations. For example, Stone states that the Board “suppressed” evidence, but he provides no such examples. Appellant’s Br. 19. He also asserts that the Board misrepresented facts and was therefore deceptive, but again, he offers no actual evidence of deception. See id. at 14. At bottom, Stone’s arguments amount to a disagreement with the Board’s determination. Because Stone has failed to make a non-frivolous allegation of fraud, we do not have jurisdiction to review this appeal.

CONCLUSION

We have considered Stone’s remaining arguments but find them unpersuasive. For the foregoing reasons, we dismiss the appeal.

DISMISSED

Stone filed a motion for supplemental briefing, which we granted on March 29, 2021. ECF No. 35. Subsequently, Stone filed another motion, requesting that we vacate the March 29, 2021 order allowing the briefing. ECF No. 36. We deny Stone’s request.

This is a verbatim capture of the text layer of the court's own document in Billie O. Stone dba Stobil Enterprise v. Sec'y of the Air Force. Nothing is summarized or reworded, and the sections run in the order the court wrote them. One thing the page shows is not repeated in the text: the pagination furniture, which is the page numbers, the docket footer and the electronic filing stamp printed across the top of each page.

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