CBCA 3728

Brasfield & Gorrie, LLC

Feb 21, 2014Judge DanielsDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingRuled on a motion

Key Facts

Appellant
Brasfield & Gorrie, LLC
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Daniels
Case number
CBCA 3728
Decided
Feb 21, 2014The decision states Feb 21, 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
Asmar, Schor & McKenna, Bradley Arant Boult Cummings, LLP
Outcome
Ruled on a motion
Consequently, we GRANT THE PETITION IN PART by directing the contracting officer to issue her decision on claim #4 by April 15, 2014.
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
Laurence Schor and Dennis C. Ehlers and Robert Pratt
Asmar, Schor & McKenna
Washington, DC
For the appellant
Axel Bolvig III
Bradley Arant Boult Cummings, LLP
Birmingham, AL
For the respondent
Stacey North-Willis and Beth Chesney and Ogochukwu Ekwuabu and Benjamin Diliberto and Charlma Quarles
Office of the General Counsel, Department of Veterans Affairs
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, 2,710 characters, read from the Board's own documentDecided Feb 21, 2014 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

2 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.

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.

PETITION GRANTED IN PART: February 21, 2014

CBCA 3728

BRASFIELD & GORRIE, LLC,

Petitioner,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

Laurence Schor, Dennis C. Ehlers, and Robert Pratt of Asmar, Schor & McKenna,

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.

PLLC, Washington, DC; and Axel Bolvig III of Bradley Arant Boult Cummings, LLP, Birmingham, AL, counsel for Appellant.

Stacey North-Willis, Beth Chesney, Ogochukwu Ekwuabu, Benjamin Diliberto, and Charlma Quarles, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.

DANIELS, Board Judge (Chairman).

On February 18, 2014, Brasfield & Gorrie, LLC, filed a “notice of appeal” regarding its claim #4 under a contract with the Department of Veterans Affairs for construction of a hospital and clinic at the Orlando, Florida, Veterans Affairs Medical Center. In its submission, the contractor “requests the Board to take jurisdiction of this appeal and direct the Contracting Officer to issue a final decision on or before March 25, 2014.”

The contractor appended to its submission a letter from the contracting officer, dated February 12, 2014, which states that the agency is analyzing the claim and that she expects the analysis to be completed by March 25, 2014, and a decision to be issued by April 15, 2014.

Under the Contract Disputes Act, on a certified claim of more than $100,000, such as claim #4, the contracting officer may within sixty days of receipt of the claim notify the contractor of a reasonable time within which a decision will be issued. 41 U.S.C.

§ 7103(f)(2), (3) (Supp. IV 2011). A contractor may request the Board to direct a contracting officer to issue a decision in a specified period of time, in the event of undue delay on the part of the contracting officer. Id. § 7103(f)(4).

In asking the Board to direct the contracting officer to issue a decision by a specific date, the contractor’s submission appears to be a petition for such a direction, rather than an appeal of a decision which has already been issued. Consequently, we treat the submission as a petition, not an appeal.

The contracting officer has notified the contractor that she will issue a decision by April 15, 2014. After hearing the views of both parties in a telephonic conference, the Board considers this date to be reasonable, but a later date to represent undue delay. Consequently, we GRANT THE PETITION IN PART by directing the contracting officer to issue her decision on claim #4 by April 15, 2014. If the contracting officer does not issue a decision by that date, the contractor may at any time thereafter file an appeal from the deemed denial of the claim. 41 U.S.C. § 7103(f)(5).

_________________________

STEPHEN M. DANIELS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Brasfield & Gorrie, LLC, CBCA 3728. 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.