CBCA 7556

U.S. Army Tactical Supply

Dec 8, 2022Judge KullbergDEPARTMENT OF STATE
DecisionDismissed on other grounds

Key Facts

Appellant
U.S. Army Tactical Supply
Respondent agency
DEPARTMENT OF STATE
Judge
Kullberg
Case number
CBCA 7556
Decided
Dec 8, 2022The decision states Dec 8, 2022 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
Dismissed on other grounds
The appeal is DISMISSED.
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

Procedure and sanctions

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
Mohammad Wali Mohammad
U.S. Army Tactical Supply, Kuwait City, Kuwait
For the respondent
Randal W. Wax
Office of the Legal Adviser, Buildings and Acquisitions, Department of State
Washington, DC
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, 1,862 characters, read from the Board's own documentDecided Dec 8, 2022 on its own faceRespondent DEPARTMENT OF STATE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED: December 8, 2022

CBCA 7556

U.S. ARMY TACTICAL SUPPLY,

Appellant,

v.

DEPARTMENT OF STATE,

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.

Mohammad Wali Mohammad, Manager of U.S. Army Tactical Supply, Kuwait City, Kuwait, appearing for Appellant.

Randal W. Wax, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Washington, DC, counsel for Respondent.

Before Board Judges DRUMMOND, KULLBERG, and O’ROURKE.

KULLBERG, Board Judge.

On October 27, 2022, the Board docketed the most recent appeal of United States Army Tactical Supply (USATS), which appeals the denial of its claim for the cost of materials delivered to the United States Embassy, Bangui, Central African Republic. On that same date, the Board issued to USATS an order to show cause why this appeal should not be dismissed, citing the previous dismissals of its appeals of the same claim. U.S. Army Tactical Supply v. Department of State, CBCA 7376, 22-1 BCA ¶ 38,170; U.S. Army Tactical Supply v. Department of State, CBCA 6417 (Jan. 11, 2021) (dismissed with prejudice). USATS subsequently responded to the Board’s order but only reiterated arguments that the Board has previously addressed.

USATS has improperly attempted again to litigate a claim that has been repeatedly dismissed. The previous dismissal with prejudice of USATS’ earlier appeal, CBCA 6417, was a final adjudication of its claim. See U.S. Army Tactical Supply, 22-1 BCA at 185,376. Accordingly, the Board finds no alternative but to dismiss this appeal. In light of USATS’ persistence in repeatedly appealing a claim that has been adjudicated with finality, any future appeals of that claim will be returned without further action by the Board.

Decision

The appeal is DISMISSED.

H. Chuck Kullberg

Board Judge

We concur:

Jerome M. Drummond

Board Judge

Kathleen J. O’Rourke

Board Judge

This is a verbatim capture of the text layer of the Board's own document in U.S. Army Tactical Supply, CBCA 7556. 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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