CBCA 4196

DENIED: April 29, 2016 CBCA 4196 AUTOFLEX, INC., Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Luis D. MacDonald, President of AutoFlex, Inc., Baltimore, MD, appearing for Appellant. Harold W. Askins III, Office of Regional Counsel, Department of Veterans Affairs, Charleston, SC, counsel for Respondent. Before Board Judges SOMERS, VERGILIO, and DRUMMOND. VERGILIO, Board Judge. On October 9, 2014, the Board received from AutoFlex, Inc. (contractor) a notice of appeal contesting the denial by a contracting officer of its claim to recover $2880 under a contract with the Department of Veterans Affairs (agency). The agency had obtained quotations to lease a vehicle for a twelve-month period. The agency deemed the contractor’s quotation to be in its best interest. By signing a bilateral contract, the contractor accepted the agency’s offer to lease a specific make and model vehicle for twelve months at $355 per month. The agency placed a purchase order for the lease under a federal supply schedule contract between the contractor and the General Services Administration (GSA). The contract and order contain no option year pricing and do not mention an extended performance period. The parties performed for the twelve months; the agency made monthly CBCA 4196 2 payments. The contractor contends that the agency selected a monthly price that was based upon a three-year performance period and that the agency breached the contract by not exercising an option. The contractor seeks to be paid the difference between the contract price and its allegedly quoted price for a three-year contract. The parties have filed cross-motions for summary relief, each claiming entitlement to relief. The Board makes findings based upon undisputed facts relied upon by the parties and concludes that the contract is clear and unambiguous. The contractor accepted a contract for a twelve-month period at a monthly price of $355. The contract does not contain option year pricing. The intent and assumptions of the contractor, not expressed in the written agreement, do not provide a basis for relief. The contractor is not entitled to payment in addition to the fixed amounts identified in the contract. Accordingly, the Board denies the motion of the contractor, grants the motion of the agency, and denies the appeal. Findings of Fact 1. The agency issued a statement of work indicating its need to lease a vehicle for a stated performance period of September 26, 2011, through September 25, 2012. Exhibit 1 (all exhibits are in the appeal file). The agency issued a request for quotations for monthly pricing and received quotations in response. Exhibits 2-3. 2. The contractor submitted an electronic quote with a comment: “Monthly Lease Rate of $355 is based on SDVOSB [small disadvantaged veteran-owned small business] support of the multi-year mission of your” program. Exhibit 3. 3. In response to the quotations received, the agency selected the contractor. On the same day, the parties entered into a bilateral contract and the agency placed a purchase order for the lease of the vehicle under the contractor’s federal supply schedule contract. Both the contract and purchase order specify that the period of the lease is for twelve months (for the period of September 26, 2011, through September 25, 2012) at the monthly unit price of $355 for a total amount of $4260. Neither makes reference to an option period or a pricing sheet of the contractor. Exhibits 4-5. 4. The contractor provided the vehicle. For the twelve-month contract period, the agency paid the monthly price. Exhibit 6. The agency did not retain the vehicle beyond the twelve month period. 5. By letter dated April 2, 2013, the contractor submitted a claim for $2880 “in settlement of early termination of this contract.” The contractor contends that it submitted an original quotation for the lease of the vehicle under its schedule contract based upon an CBCA 4196 3 agency request for twelve, twenty-four, and thirty-six month leasing, with monthly pricing for an in-stock vehicle of $595, $445, and $355, for the respective lease periods.