CBCA 5989, 6066, 6067, 6068, 6082

U.S. Army Tactical Supply

Dec 12, 2018Judge KullbergDEPARTMENT OF STATE
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
U.S. Army Tactical Supply
Respondent agency
DEPARTMENT OF STATE
Judge
Kullberg
Case number
CBCA 5989, 6066, 6067, 6068, 6082This cell names 5 dockets: 5989, 6066, 6067, 6068, 6082.
Decided
Dec 12, 2018The decision states Dec 12, 2018 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 appeals, CBCA 5989, 6066, 6067, 6068, and 6082, are 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 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
Mohammad Wali Mohammad
U.S. Army Tactical Supply, Kuwait City, Kuwait
For the respondent
Dennis J. Gallagher
Office of the Legal Adviser, Buildings and Acquisitions, Department of State
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 decision3 pages, 3,968 characters, read from the Board's own documentDecided Dec 12, 2018 on its own faceRespondent DEPARTMENT OF STATE 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.

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.

DISMISSED FOR LACK OF JURISDICTION: December 12, 2018

CBCA 5989, 6066, 6067, 6068, 6082

U.S. ARMY TACTICAL SUPPLY,

Appellant,

v.

DEPARTMENT OF STATE,

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.

Mohammad Wali Mohammad, Chief Executive Officer of U.S. Army Tactical Supply, Kuwait City, Kuwait, appearing for Appellant.

Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Washington, DC, counsel for Respondent.

Before Board Judges VERGILIO, DRUMMOND, and KULLBERG.

KULLBERG, Board Judge.

The Board has raised the issue of whether it has jurisdiction to hear the appeals, CBCA 5989, 6066, 6067, 6068, and 6082. Respondent, the Department of State (DOS), states that appellant, U.S. Army Tactical Supply (USATS), did not submit any claims to the contracting officer with a request for a final decision before filing its appeals, and USATS has not shown otherwise. For the reasons stated below, the appeals are dismissed for lack of jurisdiction.

Findings of Fact

USATS filed its appeals, CBCA 5989, 6066, 6067, 6068, 6082, with the Board citing a lack of payment for deliveries to various embassies. None of USATS’ notices of appeal included a copy of either a contracting officer’s (CO’s) decision or a claim that requested the CO’s decision. Subsequent to the docketing of these appeals, the Board raised the issue of whether it had jurisdiction to hear these appeals and directed the parties to show whether USATS had submitted any claims to the CO with a request for the CO’s decision before filing these appeals. The DOS represented that it had received no claim from USATS that requested a CO’s decision and requested that these appeals be dismissed. The Board ordered USATS to show cause why these appeals should not be dismissed for lack of jurisdiction. USATS failed to show that it had submitted any claims to the CO with a request for a CO’s decision in connection with any of its appeals.

Discussion

The issue in this matter is whether the Board has jurisdiction to hear USATS’ appeals based upon only its allegations that it had not been paid for purchases by various embassies. The Contract Disputes Act (CDA), provides that “[e]ach claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision.” 41 U.S.C. § 7103(a)(1) (2012). A contractor may appeal a CO’s decision or appeal the deemed denial of a claim when the CO fails to issue a timely decision. Id. § 7103(f)(5). The Federal Acquisition Regulation (FAR) defines a claim as follows:

Claim means a written demand or written assertion by one of the contracting parties seeking, as a mater, 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. . . . A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by written notice to the contracting officer as provided in 33.206(a), if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

48 CFR 2.101(b) (2016) (FAR 2.101(b)).

USATS has failed to establish that it filed any claims as required under the CDA and as defined under FAR 2.101(b) before filing its appeals at the Board. In the case of each of the appeals, the record before the Board lacks either a CO’s decision from which USATS could bring an appeal or a claim from which USATS could appeal a deemed denial of its claim. At most, USATS has shown that it was waiting for payment when it filed its appeals, but the record does not show that payment had been unreasonably delayed. Consequently, the Board lacks jurisdiction to hear these appeals.

Decision

The appeals, CBCA 5989, 6066, 6067, 6068, and 6082, are DISMISSED FOR LACK OF JURISDICTION.

H. Chuck Kullberg

Board Judge

We concur:

Joseph A. Vergilio

Board Judge

Jerome M. Drummond

Board Judge

This is a verbatim capture of the text layer of the Board's own document in U.S. Army Tactical Supply, CBCA 5989, 6066, 6067, 6068, 6082. 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.