CBCA 2910

Toma West Management Corp

Jan 31, 2014Judge SternGENERAL SERVICES ADMINISTRATION
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
Toma West Management Corp
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Stern
Case number
CBCA 2910
Decided
Jan 31, 2014The decision states Jan 31, 2014 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
Sherman & Howard L.L.C.
Outcome
Dismissed for lack of jurisdiction
The appeal is DISMISSED FOR LACK OF JURISDICTION.
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

Jurisdiction and timeliness

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Appearances

For the appellant
Joseph J. Bronesky
Sherman & Howard L.L.C.
Denver, CO
For the respondent
Elyssa Tanenbaum and James F. H. Scott
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.

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Full Decision

Full text of the decision2 pages, 2,368 characters, read from the Board's own documentDecided Jan 31, 2014 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Cases cited

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DISMISSED FOR LACK OF JURISDICTION: January 31, 2014

CBCA 2910

TOMA WEST MANAGEMENT CORP.,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

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.

Joseph J. Bronesky of Sherman & Howard L.L.C., Denver, CO, counsel for Appellant. Elyssa Tanenbaum and James F. H. Scott, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges DANIELS (Chairman), STERN, and ZISCHKAU.

STERN, Board Judge.

This is an appeal filed by Toma West Management Corp. (Toma), managing agent for 633 17th Street Operating Company, LLC (17th Street), from the decision of a contracting officer of the General Services Administration (GSA) denying Toma’s claim for additional payments under a lease executed by 17th Street and GSA.

The Contract Disputes Act (CDA) defines a “contractor” as “a party to a Federal Government contract other than the Federal Government.” 41 U.S.C. § 7101 (Supp. IV 2011). Only a contractor may appeal a contracting officer’s decision to the Board. 41 U.S.C. § 7104. We have stated,

The requisite privity of contract needed to permit an appeal under the CDA has generally been limited to prime contractors who have actually contracted with the Government. Attempts by other parties, such as subcontractors and sureties, to extend the concept of privity beyond the prime contractor have typically been rejected. See [Winter v.] Floorpro[, Inc.], 570 F.3d [1367] at 1372-73 [(Fed. Cir. 2009)]; Admiralty Construction, Inc. v. Dalton, 156 F.3d 1217, 1220-21 (Fed. Cir. 1998); United States v. Johnson Controls, Inc., 713 F.2d 1541, 1551 (Fed. Cir. 1983); Cosmic Construction [Co. v. United States], 697 F.2d [1389] at 1390 [(Fed. Cir. 1982)]; Wackenhut International, Inc. v. Department of State, CBCA 1235, 09-2 BCA ¶ 34,255; Edward W. Scott Electric Co. v. Department of Veterans Affairs, CBCA 1388, 09-2 BCA ¶ 34,181.

Eagle Peak Rock & Paving, Inc. v. Department of the Interior, CBCA 2770, 12-2 BCA ¶ 35,146, at 172,521.

Toma had no contractual relationship with GSA and is not a contractor as required by the CDA. We lack jurisdiction over the appeal.

Decision

The appeal is DISMISSED FOR LACK OF JURISDICTION.

JAMES L. STERN

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

JONATHAN D. ZISCHKAU

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Toma West Management Corp, CBCA 2910. 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.

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