CBCA 6264, 6279, 6284

Carmazzi Global Solutions, Inc.

May 20, 2019Judge VergilioSOCIAL SECURITY ADMINISTRATION
DecisionRuled on a motion

Key Facts

Appellant
Carmazzi Global Solutions, Inc.
Respondent agency
SOCIAL SECURITY ADMINISTRATION
Judge
Vergilio
Case number
CBCA 6264, 6279, 6284This cell names 3 dockets: 6264, 6279, 6284.
Decided
May 20, 2019The decision states May 20, 2019 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Busch Law Firm, L.L.C.
Outcome
Ruled on a motion
MOTION TO DISMISS DENIED: May 20, 2019 CARMAZZI GLOBAL SOLUTIONS, INC, Appellant, v. SOCIAL SECURITY ADMINISTRATION, Respondent.
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 timelinessTermination for default

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
Richard F. Busch II
Busch Law Firm, L.L.C.
Denver, CO
For the respondent
Dorothy M. Guy and Tal Kedem and Alice M. Somers and Brandon Dell’Aglio
Office of the General Counsel, Social Security Administration
Baltimore, MD
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, 2,753 characters, read from the Board's own documentDecided May 20, 2019 on its own faceRespondent SOCIAL SECURITY ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

MOTION TO DISMISS DENIED: May 20, 2019

CBCA 6264, 6279, 6284

CARMAZZI GLOBAL SOLUTIONS, INC,

Appellant,

v.

SOCIAL SECURITY ADMINISTRATION,

Respondent.

Richard F. Busch II of Busch Law Firm, L.L.C., Littleton, CO, and Joseph A.

Whitcomb of Whitcomb Selinsky McAuliffe PC, Denver, CO, counsel for Appellant.

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.

Dorothy M. Guy, Tal Kedem, Alice M. Somers, and Brandon Dell’Aglio, Office of the General Counsel, Social Security Administration, Baltimore, MD, counsel for Respondent.

Before Board Judges SOMERS (Chair), VERGILIO, and BEARDSLEY.

VERGILIO, Board Judge.

The contractor, Carmazzi Global Solutions, Inc., disputes the termination for default of its contracts by the agency, the Social Security Administration, in these appeals. The contractor has filed a motion to dismiss for failure to state a claim upon which relief can be granted. The contractor recognizes that the contracts required the contractor to provide a verbatim hearing recorder at 100% of scheduled hearings and that it did not comply with that requirement. The agency terminated the contracts for cause, given the contractor’s failure to satisfy the contract requirement. The contractor alleges that it is commercially impracticable to satisfy the standard of performance in the contracts and that the agency CBCA 6264, 6279, 6284

interfered with the contractor’s ability to perform. A response from the agency is unnecessary. The Board denies the ill-founded motion.

The standard to resolve the motion to dismiss for failure to state a claim is well established, as is the notion that terms of a contract are to be enforced. B.L. Harbert International, LLC v. General Services Administration, CBCA 6300, 6301 (May 13, 2019). The agency has established its right to relief beyond the speculative level. The contractor acknowledges that it failed to satisfy the terms of the contracts. Such is sufficient to defeat the motion to dismiss for failure to state a claim upon which relief can be granted.

Once the agency has satisfied its threshold burden to support a termination for default, the burden shifts to the contractor to establish that its failure to comply with the terms and conditions of the contracts was excusable. The contractor references the volume of hearings and the actions of the agency, as it alleges that its inability to perform was excusable. The contractor’s ability or inability to meet its burden to defeat the terminations for default is not resolved under the contractor’s motion.

The Board DENIES the contractor’s motion to dismiss for failure to state a claim upon which relief can be granted.

Joseph A. Vergilio

Board Judge

We concur:

Jeri Kaylene Somers

Board Judge

Erica S. Beardsley

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Carmazzi Global Solutions, Inc., CBCA 6264, 6279, 6284. 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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