CBCA 4845-R

G2G, LLC

Nov 16, 2015Judge DanielsDEPARTMENT OF COMMERCE
DecisionRuled on a motion

Key Facts

Appellant
G2G, LLC
Respondent agency
DEPARTMENT OF COMMERCE
Judge
Daniels
Case number
CBCA 4845-R
Decided
Nov 16, 2015The decision states Nov 16, 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
Ruled on a motion
G2G, LLC (G2G) asks the Board to reconsider its decision, G2G, LLC v. Department of Commerce, CBCA 4845, 15-1 BCA ¶ 36,115, which denied the contractor's claim for $14,813.97 for work it performed at the conclusion of its contract with the Department of Commerce's Patent and Trademark Office (PTO).
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

Small claims and accelerated procedureProcedure 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
Darren Rittenhouse
G2G, LLC
Gainesville, VA
For the respondent
Lisa J. Obayashi and Heidi Bourgeois
Office of the General Counsel, United States Patent and Trademark Office, Department of Commerce
Alexandria, VA
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 decision2 pages, 3,129 characters, read from the Board's own documentDecided Nov 16, 2015 on its own faceRespondent DEPARTMENT OF COMMERCE 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.

Contract Disputes Act1
Agency FAR supplements1

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MOTION FOR RECONSIDERATION DENIED: November 16, 2015

CBCA 4845-R

G2G, LLC,

Appellant,

v.

DEPARTMENT OF COMMERCE,

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.

Darren Rittenhouse, Sole Member of G2G, LLC, Gainesville, VA, appearing for Appellant.

Lisa J. Obayashi and Heidi Bourgeois, Office of the General Counsel, United States Patent and Trademark Office, Department of Commerce, Alexandria, VA, counsel for Respondent.

Before DANIELS, Board Judge (Chairman).

G2G, LLC (G2G) asks the Board to reconsider its decision, G2G, LLC v. Department of Commerce, CBCA 4845, 15-1 BCA ¶ 36,115, which denied the contractor’s claim for $14,813.97 for work it performed at the conclusion of its contract with the Department of Commerce’s Patent and Trademark Office (PTO). The agency opposes the motion.

G2G maintains, as it did earlier, that the PTO’s direction to remove all its items from G2G’s warehouse constituted work additional to what was contemplated in the contract, such that the direction constructively changed the contract. We have already fully considered this argument, so reconsideration of it is not merited. Board Rule 26(a) (48 CFR 6101.26(a) (2015) (“Arguments already made and reinterpretations of old evidence are not sufficient grounds for granting reconsideration.”)).

G2G also contends that one of our findings of fact is incorrect: We found that “G2G’s personnel moved all the items to a location just outside the warehouse, and another PTO contractor picked them up there.” G2G, 15-1 BCA at 176,311. G2G says that its personnel actually loaded the items onto the other contractor’s trucks. Whether this is true or not, it cannot alter the outcome of the case. The contract required G2G to deliver PTO items from its warehouse to PTO facilities at PTO direction, and whether G2G placed the items just outside its warehouse or into trucks located just outside the warehouse, either represented “an easier task than [G2G] would have [undertaken] if the agency had exercised its contractual right to have the items delivered to agency facilities, for no transportation services were necessitated.” Id. at 176,312. No change, constructive or otherwise, was made to the contract as a result of the PTO’s actions at the conclusion of the contract.

The agency argues that because a decision in a case for which the appellant has elected the small claims procedure (such as this one) “is final and conclusive and may not be set aside except in cases of fraud,” 41 U.S.C. § 7106(b)(4) (2012), reconsideration is available only if the moving party asserts that fraud tainted the decision. G2G does not make such an assertion, so the agency maintains that reconsideration is not available here. We do not agree with this position. Board Rule 26, making reference to Board Rule 27, states that reconsideration may be granted for any of a number of reasons, and it does not preclude reconsideration in small claims cases. Michael C. Lam v. General Services Administration, CBCA 1213-R, 09-1 BCA ¶ 34,105. Nevertheless, we DENY RECONSIDERATION here because G2G has not advanced any reason which merits it.

_________________________

STEPHEN M. DANIELS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in G2G, LLC, CBCA 4845-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.

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