CBCA 3630

Magwood Services, INC

May 8, 2014Judge SheridanDEPARTMENT OF TRANSPORTATION
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
Magwood Services, INC
Respondent agency
DEPARTMENT OF TRANSPORTATION
Judge
Sheridan
Case number
CBCA 3630
Decided
May 8, 2014The decision states May 8, 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
Dismissed for lack of jurisdiction
This 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

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.

Appearances

For the appellant
Heyward Manigault
Magwood Services, Inc.
Campbell Hall, NY
For the respondent
Gregory C. Carter
Office of the Chief Counsel, Department of Transportation
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 decision3 pages, 3,340 characters, read from the Board's own documentDecided May 8, 2014 on its own faceRespondent DEPARTMENT OF TRANSPORTATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

5 authorities read from this decision's own text, grouped by the body of law each comes from. 2 open at a publisher or in this app; the rest are shown without a link because no published page for them was confirmed.

Other statutes2
49 U.S.C. § 4011049 U.S.C. § 47101
Other regulations1
14 C.F.R. part 17

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DISMISSED FOR LACK OF JURISDICTION: May 8, 2014

CBCA 3630

MAGWOOD SERVICES, INC.,

Appellant,

v.

DEPARTMENT OF TRANSPORTATION,

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.

Heyward Manigault, President of Magwood Services, Inc., Campbell Hall, NY, appearing for Appellant.

Gregory C. Carter, Office of the Chief Counsel, Department of Transportation, Washington, DC, counsel for Respondent.

Before Board Judges SOMERS, STERN, and SHERIDAN.

SHERIDAN, Board Judge.

This matter is before the Civilian Board of Contract Appeals (CBCA) on a notice of appeal submitted by appellant, Magwood Services, Inc. (Magwood). This Board lacks jurisdiction to resolve the dispute because Magwood is not a contractor in privity with the Federal Government as required by the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012).

Background

A review of the documents submitted in this appeal indicates that Magwood was a contractor who provided services at Sky Acres Airport (Sky Acres) located in Millbrook, New York. Sky Acres is a privately-owned reliever airport that appears to have received a grant, FAA AIP 3-36-0223-24-12, from the Federal Aviation Administration (FAA) under the Airport Improvement Program authorized by chapter 471 of title 49 of the United States Code. 49 U.S.C. § 47101-47142 (2012). The grant was for replacement of storm water drainage and the airfield lighting electrical vault for runway 17/35 at Sky Acres. Sky Acres contracted with Magwood to provide those services.

Disputes arose between Magwood and Sky Acres. According to Magwood, its attempts to have those disputes addressed by Sky Acres went unanswered so it filed an appeal with this Board.

Discussion

Clearly, our Board has no authority to resolve this appeal. Magwood is not a contractor in privity with the Federal Government as required by the CDA. “The term ‘contractor’ means a party to a Federal Government contract other than the Federal Government.” 41 U.S.C. § 7101(7). As we recently explained in Eagle Peak Rock & Paving, Inc. v. Department of the Interior, CBCA 2770, 12-2 BCA ¶ 35,146, at 172,521: 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.

Magwood’s contract appears to have been with Sky Acres, a privately-owned airport in New York. As such, we have no jurisdiction under the CDA to consider this dispute.

We also note that even if Magwood had a contract with the FAA, the Board does not have jurisdiction to decide protests and contract disputes arising out of procurements and contracts entered into under the FAA’s Acquisition Management System (AMS). To the extent Magwood’s contract might have been entered into under the FAA’s AMS, the dispute would be handled by the FAA’s Office of Dispute Resolution for Acquisition (ODRA). 49 U.S.C. § 40110(d)(4) (2012). ODRA’s procedural rules can be found at 14 CFR Part 17. Whether Magwood’s contract was a contract entered into under the FAA’s AMS will be a question for the ODRA if Magwood files a case in that forum.

Decision

This appeal is DISMISSED FOR LACK OF JURISDICTION. PATRICIA J. SHERIDAN

Board Judge

We concur:

JERI K. SOMERS

Board Judge

JAMES L. STERN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Magwood Services, INC, CBCA 3630. 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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