CBCA 560

Stephen C. Winslow

Jun 7, 2007Judge McCannGENERAL SERVICES ADMINISTRATION
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
Stephen C. Winslow
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
McCann
Case number
CBCA 560
Decided
Jun 7, 2007The decision states Jun 7, 2007 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
The appeal is DISMISSED IN PART FOR LACK OF JURISDICTION.
Read from this decision's own closing paragraph, which is what the Board printed where it printed no disposition line, and quoted from its operative sentence above. No model is involved.

Topics

Jurisdiction and timeliness

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Appearances

For the appellant (pro se)
Stephen C. Winslow
Martinsburg, WV
For the respondent
Judith A. Bonner
Office of Regional Counsel, General Services Administration
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.

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Full Decision

Full text of the decision3 pages, 3,653 characters, read from the Board's own documentDecided Jun 7, 2007 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

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Cases cited

2 cases this decision cites, in the order it first names them. 2 of them open at a publisher.

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DISMISSED IN PART FOR LACK OF JURISDICTION: June 7, 2007

CBCA 560

STEPHEN C. WINSLOW,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Stephen C. Winslow, pro se, Martinsburg, WV.

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.

Judith A. Bonner, Office of Regional Counsel, General Services Administration, Philadelphia, PA, counsel for Respondent.

Before Board Judges HYATT, McCANN, and SOMERS.

McCANN, Board Judge.

Stephen C. Winslow purchased a 1986 Chevrolet truck at a General Services Administration (GSA) auction. Mr. Winslow appeals the GSA’s decision not to reimburse him for certain costs he allegedly incurred in the transaction.

Findings of Fact

On December 8, 2006, GSA conducted a vehicle auction. Mr. Winslow was the highest bidder on a 1986 Chevrolet truck and won the award at the price of $381. Appeal File, Exhibit 3. When Mr. Winslow attempted to take possession of the truck he noticed that the photographs which appeared on-line on the sale website did not depict the actual vehicle 2 CBCA 560

that was being sold. Upon reviewing the situation, the contracting officer agreed that the vehicle had been misdescribed. In her final decision, the contracting officer refunded appellant the purchase price of the vehicle but no additional costs. Appeal File, Exhibit 14. Appellant seeks certain additional expenses. In his claim letter to the contracting officer of December 18, 2006, he seeks recovery under either of the following two options:

A. All money used in the purchase for the vehicle, fines, and any

and all expenses incurred by the buyer is fully reimbursed to the buyer.

B. The vehicle pictured in the auction, or a different vehicle of the

same quality, approved by the buyer, is delivered by GSA to Century, West Virginia since the buyer made an attempt to transport the vehicle back to there.

Appeal File, Exhibit 9.

Respondent has moved to dismiss appellant’s first claim for relief.

Discussion

Appellant’s claim is being processed under the Contract Disputes Act (CDA), 41 U.S.C. §§ 601-613. Under the CDA, “[a]ll claims by a contractor against the Government relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision.” 41 U.S.C. § 605(a). Without a proper claim being submitted to the contracting officer and a decision on that claim, this Board lacks jurisdiction. Sharman Co. v. United States, 2 F.3d 1564, 1569 (Fed. Cir. 1993); Reflectone, Inc. v. Dalton, 60 F.3d 1572, 1575 (Fed. Cir. 1995) (en banc). A claim is a written demand by a party “seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.” 48 CFR 2.101 (2006); Reflectone, 60 F.3d at 1575-76.

The appellant has requested alternative forms of relief. The first alternative, claiming costs incurred, fines, and penalties, does not meet the definition of a claim since it requests ________________________

3 CBCA 560

money, but not in an amount that is a sum certain. Accordingly, this Board has no jurisdiction over the first alternative request for relief.

Decision

Respondent’s motion is granted. The appeal is DISMISSED IN PART FOR LACK OF JURISDICTION.

R. ANTHONY McCANN

Board Judge

We concur:

CATHERINE B. HYATT

Board Judge

JERI K. SOMERS

Board Judge

The Board notes that even if appellant had claimed a sum certain, recovery may not be possible as the Description Warranty clause and the Refund Amount clause in the contract appear to limit recovery in such cases to a refund of the purchase price. Larry J. McKinney v. General Services Administration, GSBCA 16720, 05-2 BCA ¶ 33,119.

This is a verbatim capture of the text layer of the Board's own document in Stephen C. Winslow, CBCA 560. 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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