CBCA 5701

DISMISSED FOR LACK OF JURISDICTION: July 26, 2017 CBCA 5701 YRT ENTERPRISES LLC dba TOMPKINS INVESTIGATION SERVICES, Appellant, v. DEPARTMENT OF JUSTICE, Respondent. Yolanda R. Tompkins, President of YRT Enterprises, LLC dba Tompkins Investigation Services, Washington, DC, appearing for Appellant. J. Todd Casey, Office of Chief Counsel, Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), ZISCHKAU, and SULLIVAN. SULLIVAN, Board Judge. Respondent, Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), moved to dismiss this appeal, asserting that the Board lacks jurisdiction to consider the claims of appellant, YRT Enterprises LLC (YRT), which seek compensatory and punitive damages, reinstatement of a security clearance and other forms of relief because of an alleged violation of Title VII of the Civil Rights Act. 42 U.S.C. §§ 2000e to 2000e-17 (2012). The Board grants ATF’s motion and dismisses the appeal. CBCA 5701 2 Background In July 2014, ATF issued a contract to YRT to provide support to the ATF’s personnel security branch (PSB) as a background investigator. Appellant’s Statement of Genuine Issues ¶ 1(a). The contract had one base year and four option years. Id. ¶ 1(b). Option year 2 ran from December 1, 2015, through November 30, 2016. Id.; Appeal File, Exhibit 2.1 On August 1, 2016, YRT advised the chief of the operations section of PSB that YRT had decided “not to renew [its] contract to work for the remaining option years.” Appellant’s Statement of Genuine Issues ¶ 2(a); Exhibit 3. The chief of operations acknowledged this notice the following day. Appellant’s Statement of Genuine Issues ¶ 2(a). On November 23, 2016, YRT received a letter from the contracting officer addressed to YRT’s principal, Yolanda R. Tompkins, that advised: On August 1, 2016, you notified the Personnel Security Branch (PSB) that you would be terminating your special investigator services contract with the Bureau of Alcohol, Tobacco, Firearms and Explosives effective at the end of the current option year which expires on November 30, 2016. On November 21, 2016, through an unofficial note left in your workspace, the PSB management was made aware that after you departed ATF Headquarters on November 18, 2016, you would not be returning to finish the remainder of your contract services. Since you left the facilities without properly notifying your Contracting Officer’s Representative (COR), you did not complete the necessary separation actions. Accordingly, your Top Secret security clearance will be administratively withdraw[n], without an official debrief, and you are hereby notified that you must return your ATF issued credentials and Personal Identity Verification card to the PSB no later than November 30, 2016. Due to the sensitivity of these items, the PSB requests these items be returned via FedEx. To assist with the return of the ATF property, the PSB has enclosed FedEx account and instructions. Thank you for your attention to this matter. If you have any questions, please contact your COR, [COR’s name], at [phone number]. 1 All exhibits are found in the appeal file. CBCA 5701 3 Exhibit 6. The “unofficial note” left in YRT’s workspace consisted of two pages which detailed the equipment that had been used by YRT and advised that anyone who wanted to use the work space should contact the person in charge of assigning work spaces. Exhibit 5. The first page was dated November 18, 2016. Id. Ms. Tompkins explains that she “made the notes for myself because I had one week left to work at ATF. I have witnessed that when Contract investigators try to leave PSB, they are plagued with issues concerning the equipment.” Appellant’s Statement of Genuine Issues ¶ 2(c). On November 28, 2016, YRT sent an email message to the contracting officer, asking why the contract had been terminated before the termination date of November 30, 2016, and noting that YRT had not received any notice prior to the November 23, 2016, letter regarding problems on the contract. Exhibit 7.