CBCA 5064-R

Pacific Coast Community Services, Inc.

May 16, 2016Judge SheridanDEPARTMENT OF HOMELAND SECURITY
DecisionRuled on a motion

Key Facts

Appellant
Pacific Coast Community Services, Inc.
Respondent agency
DEPARTMENT OF HOMELAND SECURITY
Judge
Sheridan
Case number
CBCA 5064-R
Decided
May 16, 2016The decision states May 16, 2016 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
Appellant's motion for reconsideration is DENIED.
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
Christopher T. Flynn
Pacific Coast Community Services, Inc.
Richmond, CA
For the respondent
Denise A. McLane
Office of the General Counsel, Department of Homeland Security
Philadelphia, PA
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 decision3 pages, 4,012 characters, read from the Board's own documentDecided May 16, 2016 on its own faceRespondent DEPARTMENT OF HOMELAND SECURITY Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 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.

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: May 16, 2016

CBCA 5064-R

PACIFIC COAST COMMUNITY SERVICES, INC.,

Appellant,

v.

DEPARTMENT OF HOMELAND SECURITY,

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.

Christopher T. Flynn, President and Chief Executive Officer of Pacific Coast Community Services, Inc., Richmond, CA, appearing for Appellant.

Denise A. McLane, Office of the General Counsel, Department of Homeland Security, Philadelphia, PA, counsel for Respondent.

Before Judges DANIELS (Chairman), HYATT, and SHERIDAN.

SHERIDAN, Board Judge.

Appellant moves for reconsideration of the Board’s decision in Pacific Coast Community Services, Inc. v. Department of Homeland Security, CBCA 5064, 16-1 BCA ¶ 36,213. Familiarity with that decision is presumed. For the reasons below, we deny reconsideration.

Background

Appellant, Pacific Coast Community Services, Inc. (PCCS), filed an appeal with the Board seeking compensation for additional services that it alleges should be provided under Department of Homeland Security (DHS) contract HSHQW9-13-C-0001. We dismissed the appeal for lack of jurisdiction, finding that appellant’s claim to the contracting officer had failed to state a sum certain, a prerequisite to a money claim filed under the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012) (CDA).

Arguing that “[t]he Board has rejected Appellant’s attempts to define a sum-certain,” appellant posits:

To determine the sum certain, the primary issue regarding how many productive hours PCCS is required by contract to deliver must be resolved.

The dispute is about whether Appellant is required by contract to deliver for each of five positions either 1888 productive hours (which varies based on average contract seniority) or 2008 productive hours or productive hours to include 100 to 200 additional hours of trained and ready to go reserve hours for never vacant deliverable requirements (a total of about 2200 deliverable productive hours).

. . . .

The Court of Federal Claims has stated that “[t]he sum certain requirement is met if the contracting officer can determine the amount claimed by a simple mathematical calculation.” In this case, a single determinative sum certain can only be ascertained by a simple mathematical calculation if there exists an agreed upon quantified number of deliverable hours requirement in the contract. The basis of the calculation specific agreed upon quantification of deliverable hours and the terms of the deliverable productive hours (with or without replacement). PCCS contends that for the Board to require PCCS to act from uncertainty (not specified or disputed productive hours) and arrive at a certainty, a sum certain, presents PCCS with impossibility. The Board statement “For what appears to be the primary issue, the number of hours a PCCS employee was required to work per month, PCCS failed to seek a sum certain” requires a computation based on an unknown to create with specificity a singular sum- certain — this is not possible. The circle cannot be squared.

(Citations omitted.)

Discussion

PCCS made these same arguments in advancing its case earlier. As our Rules of Procedure explain, “Arguments already made and reinterpretations of old evidence are not sufficient grounds for granting reconsideration.” Rule 26(a) (48 CFR 6101.26(a) (2015)). Asking us to reconsider our decision is not appropriate here based on the same arguments and is not a valid basis for Board reconsideration. The first year of services for which appellant seeks additional compensation appears to have been performed, and appellant should be able to quantify in a sum certain the costs its seeks for that year of performance. Appellant should follow the direction provided in our earlier decision and “submit to the contracting officer a claim that contains a clear and unequivocal statement that gives adequate notice of the basis and amount of the claim.” 16-1 BCA at 176,693.

Decision

Appellant’s motion for reconsideration is DENIED. PATRICIA J. SHERIDAN

Board Judge

We concur:

STEPHEN M. DANIELS

Board Judge

CATHERINE B. HYATT

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Pacific Coast Community Services, Inc., CBCA 5064-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.