CBCA 6264, 6265, 6273, 6274, 6275, 6276, 6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6288, 6342, 6343, 6344

Carmazzi Global Solutions, Inc.

Sep 26, 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, 6265, 6273, 6274, 6275, 6276, 6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6288, 6342, 6343, 6344This cell names 18 dockets: 6264, 6265, 6273, 6274, 6275, 6276, 6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6288, 6342, 6343, 6344.
Decided
Sep 26, 2019The decision states Sep 26, 2019 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Busch Law Firm, L.L.C., Nelson, Mullins, Riley & Scarborough, LLP
Outcome
Ruled on a motion
The Board DENIES the contractor's motion for summary judgment.
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

Termination for convenienceTermination 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.
Littleton, CO
For the appellant
Katherine B. Burrows
Nelson, Mullins, Riley & Scarborough, LLP
Baltimore, MD
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.

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, 5,783 characters, read from the Board's own documentDecided Sep 26, 2019 on its own faceRespondent SOCIAL SECURITY ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

1 authority 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

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 SUMMARY JUDGMENT DENIED: September 26, 2019

CBCA 6264, 6265, 6273, 6274, 6275, 6276,

6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6288, 6342, 6343, 6344

CARMAZZI GLOBAL SOLUTIONS, INC.,

Appellant,

v.

SOCIAL SECURITY ADMINISTRATION,

Respondent.

Richard F. Busch II of Busch Law Firm, L.L.C., Littleton, CO; and Katherine B.

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.

Burrows of Nelson, Mullins, Riley & Scarborough, LLP, Baltimore, MD, counsel for Appellant.

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., has submitted a motion for summary judgment in eighteen appeals. Proceedings in fifteen of the cases (CBCA 6265, 6273, 6274, 6275, 6276, 6277, 6278, 6280, 6281, 6282, 6283, 6288, 6342, 6343, 6344) are suspended, pending the resolution of the remaining three. The contractor has not asked to lift the suspension in those cases. The Board denies the motion for summary judgment in the suspended cases as inappropriately filed.

CBCA 6264, 6265, 6273, 6274, 6275, 6276, 6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6288, 6342, 6343, 6344 2

In the three active cases, CBCA 6264, 6279, 6284, a response to the motion by the agency, the Social Security Administration, is unnecessary. In these cases, the contractor challenges the termination for default of each of the substantively similar contracts. The contractor posits in its motion that, because the agency first terminated for convenience another of its substantively identical contracts, under the doctrine of finality the contractor must prevail in having these later terminations converted to ones for convenience. The conclusion reached by the contractor is not supported legally; the termination for convenience of one contract does not compel the agency to so terminate other contracts with the same contractor or preclude the agency from justifying a termination for default.

Discussion

The standards for resolving a motion for summary judgment are well established.

When there is no genuine issue as to any material fact, the movant must demonstrate that it is entitled to prevail as a matter law. Walker Development & Trading Group Inc. v. Department of Veterans Affairs, CBCA 5907, 19-1 BCA ¶ 37,376, at 181,709.

The contractor has failed to demonstrate legal entitlement to relief, because the termination for convenience it relies upon creates no finality for the matters at issue. The contractor maintains that the agency terminated for convenience one of its contracts, and subsequently terminated for default the contracts at issue in these three appeals. The finality of the termination for convenience of a contract not here at issue is not challenged or in dispute. However, the contractor provides no substantive basis that would make that determination final in any of these cases, under which the Board reviews de novo the challenged decisions of the contracting officer. “If made [by the contracting officer], specific findings of fact are not binding in any subsequent proceeding” and “[t]he contracting officer’s decision on a claim is final and conclusive and is not subject to review by any forum, tribunal, or Federal Government agency, unless an appeal or action is timely commenced as authorized by this chapter.” 41 U.S.C. § 7103(e), (g) (2018).

The contractor is misguided in its notion that a determination to terminate for convenience one contract precludes a contracting officer (the same or a different one) from acting differently under a separate, but substantively identical, contract. The decisions to terminate or not, and if to terminate, for convenience or default, are discretionary. If a contractor fails to satisfy terms and conditions of a contract, a contracting officer is not compelled to issue a termination for convenience or for default; either termination may be an available option. A contracting officer must exercise discretion for each contract. The Board reviews that determination, if appealed, on a de novo basis. It is anticipated that the decisions in each of the representative appeals will be instructive to the resolution of the CBCA 6264, 6265, 6273, 6274, 6275, 6276, 6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6288, 6342, 6343, 6344 3

other appeals; however, the contractor incorrectly posits that the resolution of these three appeals automatically dictates the results in the remaining cases. Whether or not substantive factual distinctions exist has not been determined.

The contractor has failed to support the basic premise of its motion, which is that finality of a contracting officer’s decision in one contract equates to finality in another contract. The cases it references, e.g., URS Consultants, Inc., IBCA 42285-2000, 02-1 BCA ¶ 31,812, and the cited material in a treatise, do not purport to extend finality beyond a given contract.

It is not material that the contracts and circumstances are essentially the same, as posited in the contractor’s motion, which also recognizes that a contracting officer is to exercise discretion in a fair and reasonable manner when terminating a contract for default. That contracts may be the same, and circumstances the same or similar, does not preclude a contracting officer from reasonably reaching different results. For example, a decision to terminate for default one of these contracts does not mean that all of the contracts must be terminated for default.

Decision

The Board DENIES the contractor’s motion for summary judgment. Joseph A. Vergilio

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, 6265, 6273, 6274, 6275, 6276, 6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6288, 6342, 6343, 6344. 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.