CBCA 3915

Gatekeepers Internet Marketing, Inc.

Jan 15, 2015Judge WaltersGENERAL SERVICES ADMINISTRATION
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
Gatekeepers Internet Marketing, Inc.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Walters
Case number
CBCA 3915
Decided
Jan 15, 2015The decision states Jan 15, 2015 on its own face, which agrees with the listing.
Decision type
Decision
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
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 timelinessProcedure 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
Wavely Veney
Gatekeepers Internet Marketing, Inc.
Washington, DC
For the respondent
Michael Noble
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.

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 decision4 pages, 6,403 characters, read from the Board's own documentDecided Jan 15, 2015 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

4 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.

Federal Acquisition Regulation1

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.

Cases cited

1 case this decision cites, in the order it first names it. 1 of them opens at a publisher.

Read from the decision's own words with no model involved: the party names and the citation are as the decision prints them. A case cited to a reporter is not held here, so where it opens was confirmed one citation at a time against an outside database and is labelled as leaving this app; a citation that database could not place, or matched to more than one case, is shown without a link rather than guessed at. A case named without a citation of any kind carries nothing to read, so it is left out rather than guessed at, and this is a floor on what the decision cites.

DISMISSED FOR LACK OF JURISDICTION: January 15, 2015

CBCA 3915

GATEKEEPERS INTERNET MARKETING, INC.,

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.

Wavely Veney, President of Gatekeepers Internet Marketing, Inc., Washington, DC, appearing for Appellant.

Michael Noble, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges McCANN, DRUMMOND, and WALTERS WALTERS, Board Judge.

Respondent, the General Services Administration (GSA), has filed a motion to dismiss the instant appeal for lack of jurisdiction. For the reasons explained below, we grant the motion.

Background

Appellant’s complaint indicated that its dispute involves purported non-payment for items delivered by appellant under a series of purchase orders. More particularly, appellant alleges, subsequent to its delivery of the items in question and its receipt of payments, the agency took back its payments by way of garnishments, because delivery records somehow were lost.

Soon after the complaint and appeal file were submitted by the parties, the Board expressed concern that, although the appeal was from a decision of an agency contracting officer, there did not appear to be a claim in the record that presented a dollar amount in a “sum certain” for the contracting officer’s consideration, as contemplated by the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012) (CDA). Though appellant had sent the agency some email messages pertaining to its dismay with the garnishments, none of the messages asserted as a matter of right appellant’s entitlement to monetary relief in a “sum certain” and none sought the contracting officer’s decision under the CDA, either expressly or implicitly. An email message to GSA’s finance office dated January 16, 2014, did allude to a “large purchase order” amounting to $26,000, but did not demand payment of that amount or request a final decision from the contracting officer. Instead, appellant, by that communication, expressed the “hope” that an audit be performed by the finance office of all of appellant’s orders and indicated that such an audit would be able to rectify the “confusion that has occurred,” with respect to which the $26,000 purchase order constituted “one example.” The message was not addressed to the contracting officer, and while appellant forwarded a copy of it to the contracting officer on January 16, 2014, the forwarding message likewise does not demand payment or seek the contracting officer’s issuance of a final decision under the CDA, but merely requests her assistance in obtaining copies of all past orders in 2012, so that the situation creating garnishments could be resolved. The message stated:

Once again thank you for your attention yesterday on our brief phone call. I wanted to request copies of our past orders in 2012. We have has [sic] some garnishments on numerous past deliveries and need your help to detail each order. However, without copies I can not correlate with Finance what indeed is accurate. I apologize in advance for the extra work this entails but greatly appreciate your support of Small Disadvantage [sic] Business. Please note that we recognize that providing the Purchase orders and or cancellations does not constitute any request for fulfillment. Per your request, I am writing you to formally request all GSA order [sic] provided to Gatekeepers Internet Marketing Inc. in 2012.

The Board, by order dated September 2, 2014, directed appellant to show cause as to why its appeal should not be dismissed for lack of jurisdiction. Appellant submitted a response to that show cause order on October 10, 2014. The response relied heavily on the above-mentioned January 16 email message, urging that it was a CDA “claim.” Respondent, on October 24, 2014, submitted a motion seeking Board dismissal of the instant appeal for lack of jurisdiction. The motion challenged appellant’s arguments and maintained that the Board is indeed without jurisdiction in this appeal, notwithstanding the issuance of a contracting officer “final decision,” since none of appellant’s prior written communications with the agency could qualify as a “claim” for purposes of the CDA.

Appellant was afforded two separate opportunities either to respond to the motion to dismiss or to submit a new claim that would render the motion (and the current appeal) moot and obviate any need for a response. It failed to avail itself of those opportunities and offered no explanation. Accordingly, we proceed to focus on the motion to dismiss without further input from appellant.

Discussion

The CDA requires that “[e]ach claim by a contractor against the Federal Government relating to a contract shall be in writing” and “shall be submitted to the contracting officer for a decision.” 41 U.S.C. § 7103(a)(1), (2). In addition, a CDA claim seeking monetary relief must contain a demand for “the payment of money in a sum certain.” 48 CFR 2.101 (2014) Although no particular wording is necessary, the demand must contain “a clear and unequivocal statement that gives the contracting officer adequate notice of the . . . amount of the claim.” Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed. Cir. 1987). Generally, “[t]o comply with the sum certain requirement for a valid claim, a fixed amount must be stated.” McAllen Hospitals LP v. Department of Veterans Affairs, CBCA 2774, et al., 14-1 BCA ¶ 35,758, at 174,977 n.9 (quoting ASP Denver, LLC v. General Services Administration, CBCA 2618, 12-1 BCA ¶ 35,007, at 172,041). Where a monetary claim is not stated in a “sum certain,” it does not qualify as a “claim” under the CDA and, absent a CDA “claim,” the Board has no subject matter jurisdiction under the CDA to resolve an appeal, regardless of whether the claim has been the subject of a decision by the agency contracting officer. Under such circumstances, the appeal must be dismissed for lack of jurisdiction. R&G Food Services, Inc. v. Department of Agriculture, CBCA 3126, 13 BCA ¶ 35,291. Here, we find that appellant has not submitted a “claim” for decision under the CDA and that the Board is thus without jurisdiction to adjudicate the appeal.

Decision

The appeal is DISMISSED FOR LACK OF JURISDICTION. ______________________

RICHARD C. WALTERS

Board Judge

We concur:

R. ANTHONY McCANN

Board Judge

JEROME M. DRUMMOND

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Gatekeepers Internet Marketing, Inc., CBCA 3915. 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.