CBCA 3288-R

JRS Management

Aug 5, 2014Judge VergilioDEPARTMENT OF JUSTICE
Not published in the listingRuled on a motion

Key Facts

Appellant
JRS Management
Respondent agency
DEPARTMENT OF JUSTICE
Judge
Vergilio
Case number
CBCA 3288-R
Decided
Aug 5, 2014The decision states Aug 5, 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
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Ruled on a motion
The Board DENIES the contractor's request for reconsideration.
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

Contract interpretationProcedure and sanctions

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
Jacqueline R. Sims
JRS Management
Lawrenceville, GA
For the respondent
William D. Robinson and Nihar H. Vora
Office of General Counsel, Federal Bureau of Prisons, Department of Justice
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 decision2 pages, 3,599 characters, read from the Board's own documentDecided Aug 5, 2014 on its own faceRespondent DEPARTMENT OF JUSTICE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

1 authority 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 FOR RECONSIDERATION DENIED: August 5, 2014

CBCA 3288-R

JRS MANAGEMENT,

Appellant,

v.

DEPARTMENT OF JUSTICE,

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.

Jacqueline R. Sims, Owner of JRS Management, Lawrenceville, GA, appearing for Appellant.

William D. Robinson and Nihar H. Vora, Office of General Counsel, Federal Bureau of Prisons, Department of Justice, Washington, DC, counsel for Respondent.

Before Board Judges STERN, VERGILIO, and McCANN.

VERGILIO, Board Judge.

JRS Management (contractor) filed an appeal contesting the denial of its claim to receive $18,431.75 from the Department of Justice (agency) regarding their contract and task order under which the contractor was to provide culinary arts instructor services at a correctional institution. The contractor alleged various instances of breach of contract by the agency, as well as agency breach of the covenant of good faith and fair dealing, and, regarding the non-exercise of an option to extend the contract, bad faith, and an arbitrary and capricious abuse of discretion. Referencing Board Rule 12(c), 48 CFR 6101.12 (2013), the agency filed a motion to dismiss. Treating the motion as one for summary relief, the Board denied the claim. JRS Management, Inc. v. Department of Justice, CBCA 3288, 14-1 BCA ¶ 35,617. The contractor seeks reconsideration of that decision. The contractor contends that it (1) lacked notice that the Board would treat the motion as one for summary relief and (2) was not given the opportunity to respond to such a converted motion.

As the underlying opinion reveals, after receipt of the agency’s motion to dismiss, the contractor submitted an amended complaint and additional evidence, as well as a response in opposition to the motion. The amended complaint and additional evidence went beyond the initial pleadings addressed in the agency’s motion to dismiss. The issues raised by the contractor were controlled by the contractual language. Consistent with the agency’s motion, undisputed material facts supported the position of the agency and demonstrated that the contractor could not prevail on its theories of relief. The Board found that discovery would not alter the result. This enabled the Board to reach the merits and deny the counts of the claim put forward by the contractor.

While the contractor asserts error by the Board, the contractor has identified no error. The contract interpretations alleged by the contractor in its complaint and amended complaint are not facts; the Board was not required to presume that the contractor’s interpretations were correct. Factually, the contractual language was not disputed. The plain language of the contract permitted resolution under a motion to dismiss or under a motion for summary relief. Any related factual issues raised by the contractor which could impact the resolution were speculative at best, and under the summary relief standard were viewed favorably toward the contractor, the non-moving party. While the contractor was precluded from pursuing discovery, the contractor has not demonstrated that discovery was appropriate or needed, or could have altered the result. The Board found that the contractor could not prevail even if it was able to prove the facts it alleged. Thus, the contractor has not identified error by the Board or demonstrated how any alleged error was other than harmless error.

Decision

The Board DENIES the contractor’s request for reconsideration. ______________________________ JOSEPH A. VERGILIO

Board Judge

We concur:

JAMES L. STERN

Board Judge

R. ANTHONY McCANN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in JRS Management, CBCA 3288-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.

Related Decisions

Same Judge

Same Topic

Same Year

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.