CBCA 6664

Aron Security, Inc.

May 14, 2020Judge SomersDEPARTMENT OF THE INTERIOR
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
Aron Security, Inc.
Respondent agency
DEPARTMENT OF THE INTERIOR
Judge
Somers
Case number
CBCA 6664
Decided
May 14, 2020The decision states May 14, 2020 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Camardo Law Firm, P.C.
Outcome
Dismissed for lack of jurisdiction
The Government's motion to dismiss is granted and the appeal is 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
Joseph A. Camardo, Jr.
Camardo Law Firm, P.C.
Auburn, NY
For the respondent
J. Nicklas Holt
Office of the Field Solicitor, Department of the Interior
Knoxville, TN
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 decision4 pages, 5,893 characters, read from the Board's own documentDecided May 14, 2020 on its own faceRespondent DEPARTMENT OF THE INTERIOR Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

4 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.

Cases cited

2 cases this decision cites, in the order it first names them. 2 of them open at a publisher.

Read from the decision's own words with no model involved: the party names and the citation are as the decision prints them. A case cited to a reporter is not held here, so where it opens was confirmed one citation at a time against an outside database and is labelled as leaving this app; a citation that database could not place, or matched to more than one case, is shown without a link rather than guessed at. A case named without a citation of any kind carries nothing to read, so it is left out rather than guessed at, and this is a floor on what the decision cites.

DISMISSED FOR LACK OF JURISDICTION: May 14, 2020

CBCA 6664

ARON SECURITY, INC.,

Appellant,

v.

DEPARTMENT OF THE INTERIOR,

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.

Joseph A. Camardo, Jr. of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.

J. Nicklas Holt, Office of the Field Solicitor, Department of the Interior, Knoxville, TN, counsel for Respondent.

Before Board Judges SOMERS (Chair), DRUMMOND and CHADWICK.

SOMERS, Board Judge.

Pending before us is the Government’s motion to dismiss for lack of jurisdiction. The Government contends that appellant, Aron Security, Inc. (Aron Security), did not submit a claim to the contracting officer as required by the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2018) (CDA), alleging that appellant had made no demand for the payment of money in a sum certain as a matter of right. Although we disagree with the Government’s contention that the contractor failed to demand payment in a sum certain as a matter of right, we dismiss the claim because it did not request a final decision from the contracting officer.

Background

The Department of the Interior awarded a multi-year contract to appellant. Towards the end of the final option year, the contracting officer modified the contract to include wage rates from the Department of Labor for the entire period of performance. On August 23, 2019, appellant asked the contracting officer to amend the contract to compensate appellant for costs incurred due to the increased wage rates. The contracting officer declined to pay appellant the sums requested.

On August 28, 2019, appellant submitted a second letter to the contracting officer expressing its disagreement with the contracting officer’s determination. In the letter, appellant stated in pertinent part:

We received your email denying the request for an amendment and disagree with this decision . . . by virtue of denying our request for additional funds to meet the governments [sic] requirements to pay certain benefits, will unjustly and undeniable [sic] enrich the National Park Service, knowingly with intent to have this small business incur a loss of such magnitude, and putting many jobs at risk. We are looking to recoup only two years of this multiyear contract. We could by rights go after these additional monies for every year of the contract we lost out on, due to the errors in the initial bidding process and the omission of the pertinent documents. Since the contract is almost over and [sic] we are only asking to provide for two years’ worth of benefits, which now amounts to $61,655.98.

When the contracting officer failed to issue a final decision within sixty days, Aron Security appealed.

Discussion

We derive our jurisdiction to consider contract disputes from the CDA which provides that “each claim by a contractor against the Federal Government relating to a contract [shall be in writing and] shall be submitted to the contracting officer for a decision.”

Subsequently, on February 20, 2020, Aron Security filed a revised claim with the contracting officer alleging facts similar to those in this appeal. This second claim seeks $146,818.64, and has been properly certified. The contracting officer denied the revised claim on March 23, 2020, and Aron Security appealed. That appeal has been docketed as CBCA 6780.

41 U.S.C. § 7103(a)(1) (2018). The Federal Acquisition Regulation (FAR) defines “claim” as “a written demand or written assertion by one of the contracting parties seeking, as a matter 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.” 48 CFR 2.101 (2019). Interpreting the CDA and FAR, the Court of Appeals for the Federal Circuit has established that, for jurisdictional purposes, a CDA claim exists for a nonroutine contract adjustment if there is: (1) a written demand, (2) seeking, as a matter of right, (3) the payment of money in a sum certain. Reflectone, Inc. v. Dalton, 60 F.3d 1572, 1575 (Fed. Cir. 1995) (en banc). We find that the August 28, 2019, letter from the contractor could be considered to be a claim, as it presents “a written demand or written assertion by one of the contracting parties seeking, as a matter 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 a contract.” 48 CFR 2.101. The fact that the contractor first requested a modification to the contract does not limit the contractor’s ability to submit a claim after the contracting officer rejected its request.

However, in addition to the act of submitting a claim, the CDA also requires that a claim seek a final decision from the contracting officer. Although an explicit request for a final decision is not required “as long as what the contractor desires by its submissions is a final decision,” EBS/PPG Contracting v. Department of Justice, CBCA 1295, 09-2 BCA ¶ 34,208 (quoting James M. Ellett Construction Co. v. United States, 93 F.3d 1537, 1543 (Fed. Cir. 1996)), the contractor must include language that indicates that it is seeking a final decision. See Magwood Services, Inc. v. General Services Administration, CBCA 5869, 17-1 BCA ¶ 36,875 (“We use ‘a common sense analysis to determine whether the contractor communicated [a] desire for a contracting officer’s decision’ on a demand for a sum certain”) (quoting Moss Card Consulting, Inc. v. General Services Administration, CBCA 5193, 16-1 BCA ¶ 36,291, at 176,988). Here, the contractor never asked the contracting officer either explicitly or implicitly to issue a final decision. Without that, we cannot decide this claim.

Decision

The Government’s motion to dismiss is granted and the appeal is DISMISSED FOR LACK OF JURISDICTION.

Jeri Kaylene Somers

Board Judge

We concur:

Jerome M. Drummond

Board Judge

Kyle Chadwick

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Aron Security, Inc., CBCA 6664. 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.