DENIED: October 28, 2013
CBCA 3239-R
THE DUCKE GROUPE, LLC dba HAVEN HOUSE VETERANS RESIDENCE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Donald A. Woodruff, Director of The Ducke Groupe, LLC, Cleveland, OH, appearing for Appellant.
Lindsay C. Roop, Office of Regional Counsel, Department of Veterans Affairs, Columbus, OH; and Natica C. Neely, Office of Regional Counsel, Department of Veterans Affairs, Minneapolis, MN, counsel for Respondent.
VERGILIO, Board Judge.
On July 24, 2013, the Board received from The Ducke Groupe, LLC dba Haven House Veterans Residence (contractor) a request for reconsideration of the decision issued June 24, 2013, Ducke Groupe, LLC v. Department of Veterans Affairs, CBCA 3239, 13 BCA ¶ 35,337, denying the contractor’s claim. The contractor alleges various factual and legal errors in the opinion, raising, in part, arguments not previously raised, and referencing material not in the evidentiary record.
The contractor has not provided a valid basis for reconsideration. Rules 26, 27 (48 CFR 6101.26, .27 (2012)). References by the contractor to regulations and case law addressing matters a contracting officer should consider when formulating a solicitation that may or may not include options are not relevant in this post-award context when the contract included options. The simple fact that the agency ordered fewer services during the first option year than estimated at the time of award does not demonstrate any inaccuracy in formulating the estimates. The contractor overlooks the explicit cautions in the solicitation and contract, wherein the agency noted that services to be required could not be determined with any certainty, and that payment would be based upon services ordered and rendered. The contractor’s further attempts to reform the contract are unavailing.
Decision
The Board DENIES the motion for reconsideration.
______________________________
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in The Ducke Groupe, LLC dba Haven House Veterans Residence, CBCA 3239-R. 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.