CBCA 6841-R

Midland Language Center

Nov 16, 2020Judge ChadwickDEPARTMENT OF VETERANS AFFAIRS
DecisionRuled on a motion

Key Facts

Appellant
Midland Language Center
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Chadwick
Case number
CBCA 6841-R
Decided
Nov 16, 2020The decision states Nov 16, 2020 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Ruled on a motion
RECONSIDERATION DENIED
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from that line, because the decision's text states no operative ruling we could isolate. No model is involved.

Topics

Procedure and sanctions

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Appearances

For the appellant
Tatjana Markovic
Midland Language Center
St. Louis, MO
For the respondent
Mary A. Mitchell and Laetitia Coleman
Office of General Counsel, Department of Veterans Affairs
Houston, TX
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, 2,521 characters, read from the Board's own documentDecided Nov 16, 2020 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Agency FAR supplements1

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Cases cited

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

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RECONSIDERATION DENIED: November 16, 2020

CBCA 6841-R

MIDLAND LANGUAGE CENTER,

Appellant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

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.

Tatjana Markovic, President of Midland Language Center, St. Louis, MO, appearing for Appellant.

Mary A. Mitchell and Laetitia Coleman, Office of General Counsel, Department of Veterans Affairs, Houston, TX, counsel for Respondent.

Before Board Judges BEARDSLEY, ZISCHKAU, and CHADWICK.

CHADWICK, Board Judge.

Midland Language Center (MLC) seeks reconsideration under Board Rule 26 (48 CFR 6101.26 (2020)) of our decision dismissing CBCA 6841 on prudential grounds. We found that we had jurisdiction of MLC’s appeal from the denial of a nonmonetary claim for an interpretation of a Department of Veterans Affairs (VA) contract, but that there was no live dispute between the parties after the contract expired. MLC argues in relevant part: Asking the Appellant/Contractor not to follow the Contract is illegal.

The issue occurred during the time the Contract was active in Jan[uary] 2020 and it may have broader repercussions as we look into the reasons the VA Medical Center decided to deny over the phone services to their teams as the Contract required. Their teams are entitled to the services guaranteed under the Contract and it is not appropriate . . . to deny such services to them.

The Contract has not been renewed due to VA Medical Center[’s] wanting to cover up their practices and not because of the Contractor’s noncompliance with the Contract. The need for Interpreting exists and we have received a request for Interpreting as recently as Nov[ember] 2020.

These arguments go beyond the interpretive issue that MLC raised in its appeal and involve factual allegations that MLC did not present in its claim or in its notice of appeal. See Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 858 (Fed. Cir. 1987) (“On appeal to the Board . . . a contractor . . . may not raise any new claims not presented . . . to the contracting officer.”). Furthermore, to the extent that we may consider MLC’s new arguments, MLC does not persuade us that “a declaration” by the Board of our interpretation of the contract would effectively “resolve [an ongoing] dispute.” Alliant Techsystems, Inc. v. United States, 178 F.3d 1260, 1271 (Fed. Cir. 1999).

For these reasons, we DENY reconsideration of our dismissal of the appeal.

Kyle Chadwick

Board Judge

We concur:

Erica S. Beardsley

Board Judge

Jonathan D. Zischkau

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Midland Language Center, CBCA 6841-R. 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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