CBCA 1804

6th And E Associates, LLC

Dec 17, 2010Judge SomersGENERAL SERVICES ADMINISTRATION
Not published in the listingRuled on a motion

Key Facts

Appellant
6th And E Associates, LLC
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Somers
Case number
CBCA 1804
Decided
Dec 17, 2010The decision states Dec 17, 2010 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Grossberg, Yochelson, Fox & Beyda, LLP
Outcome
Ruled on a motion
We grant the motion to amend the complaint, for the reasons set forth below. 2 We GRANT appellant's motion for leave to file an amended complaint.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Real property leasesJurisdiction and timeliness

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions. They are ordered strongest first.

Appearances

For the appellant
Brett D. Orlove
Grossberg, Yochelson, Fox & Beyda, LLP
Washington, DC
For the respondent
Lesley M. Busch
Office of General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

Research This Decision

Create a free account to open this decision in the CBCA workspace: a grounded decision brief drafted from the Board's own words, the Insights dashboard over the whole corpus, and the filtered browser.

CBCA Decision Brief

A Workflows Hub brief on this decision, drafted from the captured text with every quote and authority checked against it.

Insights

Who prevails before the Board, by topic and by judge, with every denominator visible: merits rulings, not decisions.

Browse with Filters

The whole corpus by year, decision type, topic, judge and disposition, searchable across the decisions' own text.

Full Decision

Full text of the decision4 pages, 6,580 characters, read from the Board's own documentDecided Dec 17, 2010 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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

Agency FAR supplements1

Read from the decision'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 decision cites.

MOTION TO AMEND COMPLAINT GRANTED: December 17, 2010

CBCA 1804

6TH AND E ASSOCIATES, LLC,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Brett D. Orlove of Grossberg, Yochelson, Fox & Beyda, LLP, Washington, DC,

counsel for Appellant.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Lesley M. Busch, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

SOMERS, Board Judge.

Order

Appellant has filed a motion for leave to file an amended complaint pursuant to CBCA Rule 6(e). 48 CFR 6101.6(e) (2010). Appellant wishes to amend the complaint to reference a lease that had not been included in the original complaint. Respondent opposes the motion, contending that, by adding reference to a lease, appellant is presenting a claim that had not been presented to the contracting officer. Because appellant did not present a claim under this lease agreement to the contracting officer, respondent asserts that appellant could not meet the jurisdictional prerequisites of the Contract Disputes Act, 41 U.S.C. § 605(a) (2006). We grant the motion to amend the complaint, for the reasons set forth below.

2 CBCA 1804

Background

The General Services Administration (GSA, the Government, or respondent) leased office space from 6th and E Associates, LLC (6th and E or appellant). The parties entered into the first lease agreement, GS-11B-20687 (Lease 20687), on December 28, 1992. Under this lease, the Government leased the first two floors in the Bicentennial Building, located at 600 E Street in Washington, D.C. Under the second lease agreement, GS-11B-20769 (Lease 20769), dated April 28, 1993, the Government leased the remaining floors of the building, with the exception of a portion of the 6th floor.

It appears that the two lease agreements, Lease 20687 and Lease 20769, ended when the Government leased the entire building through lease agreement GS-11B-01864 (Lease 01864). Although the lease is dated March 3, 2006, the terms of the lease began on February 22, 2004, and will end on February 21, 2014.

On June 6, 2008, 6th and E filed a claim with the contracting officer. The claim identified (inaccurately) Lease 01864 as the “prior lease” and Lease 20687 as the “existing lease.” The claim did not reference Lease 20769.

The claim identified several invoices that had been submitted but not paid. At issue here is the first invoice, identified as Invoice 529. The invoice seeks overtime heating, ventilating, and air conditioning (HVAC) charges that occurred from August 18, 2003, through September 17, 2003. It categorizes the charges in two columns. One column identifies charges for floors 3-10. The second column identifies charges for floors 1-2. The invoice itself does not connect the charges to the lease agreements. However, the lease agreements in existence during the time period were the two separate lease agreements, Lease 20687 and Lease 20769. The consolidated lease did not commence until after these charges occurred.

When the contracting officer failed to issue a decision within the time period required, appellant filed its appeal with this Board on November 20, 2009. After the filing of the appeal, by letter dated December 16, 2009, the contracting officer wrote a formal response to the claim. As to Invoice 529, the contracting officer stated that “[t]he Government never received notification of this charge and it never went through the proper approval procedure. The Government cannot reimburse expenses that were not authorized.”

3 CBCA 1804

Discussion

Appellant wishes to amend the complaint to reference Lease 20769 in its claim for payment of Invoice 529. It asserts that CBCA Rule 6(e) allows the Board to permit amendments to pleadings on conditions fair to both parties. Appellant contends that respondent is not prejudiced by the amendment because (1) respondent was a party to Lease 20769 and has knowledge of its key terms; (2) inclusion of Lease 20769 does not add any new claims or causes of action; (3) the claim for payment of Invoice 529 arose under Lease 20687 and Lease 20769; and (4) the amended complaint provides more accurate data regarding the operative facts and circumstances underlying the claim for payment of Invoice 529.

Respondent opposes, contending that the contracting officer’s response was premised upon the fact that appellant’s claim only referenced Lease 20687 for support. Amending the claim to include an additional lease, says respondent, is a jurisdictional issue. In order for the Board to have jurisdiction over the claim, the claim must be submitted to the contracting officer first. Because the claim did not reference Lease 20769, respondent contends that the contracting officer did not have an opportunity to evaluate and determine the merits of the claim in the context of the second lease.

Respondent’s position is curious. First, the contracting officer did not issue a final decision – this case came before the Board on a “deemed denial” basis. Second, Invoice 529 does not reference either lease. However, the costs claimed in the first column, identified as overtime HVAC for floors 3-10, could not have arisen from Lease 20687, which only governed floors 1-2. Lease 20769 covered the costs identified in the first column. The other lease referenced in the actual claim letter, i.e.., Lease 01864, did not exist at the time the alleged additional costs arose.

Appellant’s claim that the Government had failed to pay for services identified in Invoice 529 provided enough information to place the contracting officer on notice that appellant sought payment for costs arising under Lease 20769, as well as costs arising under Lease 20687. Thus, the contracting officer had sufficient information concerning the contractor’s claim, the leases involved (based upon the information contained on the actual invoice which identified the floors covered by the claim), and the sum certain amounts at issue, notwithstanding the omission of proper citation to Lease 20769. Accordingly, the Board possesses jurisdiction to entertain appellant’s claim. See, e.g., Holmes & Narver, Inc., ASBCA 51430, 99-1 BCA ¶ 30,131 (1998); Systems & Electronics, Inc., ASBCA 47811, 96-2 BCA ¶ 28,501; Bath Iron Works, ASBCA 32770, 88-1 BCA ¶ 20,438 (1987).

___________________________

4 CBCA 1804

Decision

We GRANT appellant’s motion for leave to file an amended complaint. Appellant’s amended complaint, identified as Exhibit A to appellant’s motion, is hereby filed. Respondent may file an amended answer in accordance with CBCA Rule 6(f) no later than thirty calendar days from today.

JERI KAYLENE SOMERS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in 6th And E Associates, LLC, CBCA 1804. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

Related Decisions

Same Judge

Same Topic

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.