MOTION FOR RECONSIDERATION DENIED: October 29, 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 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), BEARDSLEY, and VERGILIO.
VERGILIO, Board Judge.
The contractor, Carmazzi Global Solutions, Inc., moves for reconsideration of the Board’s denial of its motion for summary judgment in these three appeals. Carmazzi Global Solutions, Inc. v. Social Security Administration, CBCA 6264, et al. (Sept. 26, 2019). The contractor takes issue with (1) the Board’s ruling on the motion without first obtaining a response from the Social Security Administration (agency), and (2) the Board’s rejection of the contractor’s position that one contracting officer’s determination to terminate for convenience one contract constitutes finality that prohibits a contracting officer from terminating for default another, similar contract.
On the first matter, given the arguments in the motion, the Board determined that it could expeditiously resolve the motion without the agency incurring time and expense to prepare a response or the contractor a reply. This does not constitute a valid basis for reconsideration.
On the second matter, the contractor has raised nothing new in its motion, as it refashions and reformulates its arguments. The contractor seeks to apply notions of finality to one contracting officer’s conclusions and actions after reviewing the contractor’s response to a cure notice in a contract not here at issue and the subsequent termination for convenience of that contract. Finality is not as the contractor contends. The agency has the opportunity and burden to justify each termination for default; finality of the one contracting officer’s actions does not attach with respect to these contracts.
Decision
The Board DENIES the contractor’s motion for reconsideration. 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, 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.