CBCA 7761-R

Real Lion Logistics Services Company

Dec 27, 2023Judge ChadwickDEPARTMENT OF STATE
DecisionRuled on a motion

Key Facts

Appellant
Real Lion Logistics Services Company
Respondent agency
DEPARTMENT OF STATE
Judge
Chadwick
Case number
CBCA 7761-R
Decided
Dec 27, 2023The decision states Dec 27, 2023 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
Appellant's motion for reconsideration is DENIED.
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.

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Procedure and sanctions

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Appearances

For the appellant
Ahmad Farzad
Real Lion Logistics Services Company, Kabul, Afghanistan
For the respondent
Matthew S. Tilghman
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, 2,475 characters, read from the Board's own documentDecided Dec 27, 2023 on its own faceRespondent DEPARTMENT OF STATE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Agency FAR supplements1

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MOTION FOR RECONSIDERATION DENIED: December 27, 2023

CBCA 7761-R

REAL LION LOGISTICS SERVICES COMPANY,

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.

Ahmad Farzad, President of Real Lion Logistics Services Company, Kabul, Afghanistan, appearing for Appellant.

Matthew S. Tilghman, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Washington, DC, counsel for Respondent.

Before Board Judges GOODMAN, ZISCHKAU, and CHADWICK.

CHADWICK, Board Judge.

Appellant, Real Lion Logistics Services Company, filed a “statement” in response to the Board’s December 5, 2023, denial of its appeal seeking damages under a purchase order. We construe the statement as a motion for reconsideration under Board Rule 26 (48 CFR 6101.26 (2022)) and deny the motion.

Appellant cites no new law, new evidence, or clear error that warrants reconsideration. See Delaware Valley Floral Group, Inc. v. Shaw Rose Nets, LLC, 597 F.3d 1374, 1383 (Fed. Cir. 2010). Instead, appellant writes that our merits decision “is extremely disappointing and disrupts and complicates our livelihoods.” Appellant continues in part: “No doubt you decide according to the rules, but one thing should not be forgotten: . . . Suddenly the Kabul government collapsed and everything fell apart. We once again ask you to please . . . save us from this deeply complex mess . . . .”

Appellant alleges that the Taliban seized its property and threatened and imprisoned its employees. Tribunals may grant reconsideration to “prevent manifest injustice.”

Delaware Valley Floral, 597 F.3d at 1383. Reconsideration to avoid manifest injustice is reserved, however, for cases “where the ‘[tribunal] has patently misunderstood a party, or has made a decision outside of the adversarial issues presented . . . by the parties, or has made an error not of reasoning, but of apprehension.’” Id. at 1384 (quoting Association for Disabled Americans, Inc. v. Amoco Oil Co., 211 F.R.D. 457, 477 (S.D. Fla. 2002) (quoting Z.K. Marine, Inc. v. M/V Archigetis, 808 F. Supp. 1561, 1563 (S.D. Fla. 1992))). The injustice alleged by appellant is different and arises, instead, from the war and a sudden change of government in Afghanistan. As a result, we lack grounds to reconsider our decision denying contractual relief.

Decision

Appellant’s motion for reconsideration is DENIED. Kyle Chadwick

KYLE CHADWICK

Board Judge

We concur:

Allan H. Goodman

Board Judge

Jonathan D. Zischkau

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Real Lion Logistics Services Company, CBCA 7761-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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