CBCA 4845

DENIED: September 29, 2015 CBCA 4845 G2G, LLC,1 Appellant, v. DEPARTMENT OF COMMERCE, Respondent. Darren Rittenhouse, Sole Member of G2G, LLC, Gainesville, VA, appearing for Appellant. Lisa J. Obayashi and Heidi Bourgeois, Office of the General Counsel, United States Patent and Trademark Office, Department of Commerce, Alexandria, VA, counsel for Respondent. Before DANIELS, Board Judge (Chairman). G2G, LLC (G2G) claims that it is entitled to $14,813.97 for work it performed at the conclusion of its contract with the Department of Commerce’s Patent and Trade Office (PTO). According to the contractor, this work was additional to the work it was required to perform under the contract. 1 Documents in the record of this case refer to the appellant variously as “G2G, LLC” and “Good to Go, LLC.” The appellant has informed us that its legal name is G2G, LLC. CBCA 4845 2 G2G elected to have this case considered under the Board’s small claims procedure. Board Rule 52 (48 CFR 6101.52 (2014)); see 41 U.S.C. § 7106(b) (2012). Consequently, this decision is being rendered by a single judge. The decision is final and conclusive; it may not be set aside except for reason of fraud and has no value as precedent. Id.; Mitchell Enterprises, Inc. v. General Services Administration, 03-2 BCA ¶ 32,403, at 160,354 (citing Palmer v. Barram, 184 F.3d 1373 (Fed. Cir. 1999)). At the request of the parties, the case is being decided on the basis of the written record. Board Rule 19(a). We deny the appeal. Findings of Fact The PTO awarded contract number DOC50PAPT0901028 (the 2009 contract) to G2G on September 30, 2009. The contract provides that in exchange for a fixed price, G2G was to “provide the [PTO] . . . with . . . general storage and delivery of forms, publications, other paper products, and miscellaneous items.” The contractor was to maintain an inventory of PTO items in its warehouse “in an organized and orderly fashion to facilitate timely inventory retrieval and restocking,” and, upon request, to deliver items to any of various PTO facilities. The base period of the contract was October 1, 2009, to September 30, 2010; the contract could be extended at the PTO’s discretion for four option periods of one year each. The PTO exercised its discretion to extend the contract through option year 1 (October 1, 2010, through September 30, 2011) and option year 2 (October 1, 2011, through September 30, 2012). The agency chose not to extend the contract further, however. On September 11, 2012, it informed G2G that it would send tractor-trailers to the contractor’s facilities to load PTO inventory that remained in the warehouse. G2G responded that it “cannot give representatives nor [PTO] employees access to the inside of the warehouse during the move.” G2G’s personnel moved all the items to a location just outside the warehouse, and another PTO contractor picked them up there. The transfer was completed by September 28, 2012. By invoice dated September 30, 2012, G2G sent to the PTO its bill for storage and warehousing service during the month of September. The amount of the invoice was G2G’s standard monthly billing amount under the contract. The PTO paid this amount. The parties had no further contact until August 29, 2014, when the PTO sent to G2G various forms and certifications “[t]o facilitate formal closeout procedural requirements” regarding the 2009 contract. In response, on September 17, 2014, G2G sent to the PTO a invoice under this contract for “Exit of Storage” in the amount of $20,406. G2G noted that both the 2009 contract and a predecessor contract which had been awarded in 2005 for the CBCA 4845 3 same types of services contained a clause entitled “Transfer General Storage From Current Facility.” This clause required the contractor to “transfer an estimated 850 skids of forms, publications, and miscellaneous items from the [PTO] current storage facility to contractor’s facility.” G2G maintained that although “[t]he [clause] was not revised to require the close- out/move-out related services,” the contractor’s costs of removing PTO inventory from its warehouse should be reimbursed by the agency.