MOTION FOR SUMMARY JUDGMENT DENIED: February 25, 2020
CBCA 6292, 6386
CSI AVIATION, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent in CBCA 6292,
and
GENERAL SERVICES ADMINISTRATION,
Respondent in CBCA 6386.
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.
Jason N. Workmaster, Abigail T. Stokes, and Caroline J. Watson of Miller & Chevalier Chartered, Washington, DC, counsel for Appellant.
Cassandra A. Maximous, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, Washington, DC, counsel for Respondent in CBCA 6292.
Sarah E. Park, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent in CBCA 6386.
Before Board Judges DRUMMOND, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
These consolidated appeals have a complicated procedural history that we need not recite here. The case involves a claim by the appellant, CSI Aviation, Inc. (CSI). In May 2019, CSI filed a motion for summary judgment in CBCA 6386 under Board Rule 8(f) (48 CFR 6101.8(f) (2018)). CSI’s statement of undisputed material facts under Rule 8(f)(1) contains two paragraphs and cites only the contracting officer’s decision on the certified claim. Rule 8(f)(1) requires a movant to “cit[e] appeal file exhibits, admissions in pleadings, and/or evidence filed with the motion.” Because we decide government contract claims de novo, 41 U.S.C. §§ 7104(b)(4), 7105(e)(2) (2012), we cannot treat statements in contracting officers’ decisions as evidence or as otherwise binding on the Government. E.g., BES Design/Build, LLC v. Department of Veterans Affairs, CBCA 5640, 17-1 BCA ¶ 36,840 (citing, inter alia, Wilner v. United States, 24 F.3d 1397, 1402 (Fed. Cir. 1994) (en banc) (“[O]nce an action is brought following a contracting officer’s final decision, the parties start in court or before the board with a clean slate.”)). CSI therefore offers no basis to find that “it is entitled to judgment as a matter of law based on undisputed material facts.” Rule 8(f).
Decision
CSI’s motion for summary judgment is DENIED. We DENY AS MOOT the ancillary motions filed during the briefing, such as a motion to strike and a motion to consider briefs filed in another case.
Kyle Chadwick
Board Judge
We concur:
Jerome M. Drummond
Board Judge
H. Chuck Kullberg
Board Judge
This is a verbatim capture of the text layer of the Board's own document in CSI Aviation, Inc., CBCA 6292, 6386. 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.