CBCA 5064

DISMISSED FOR LACK OF JURISDICTION: January 14, 2016 CBCA 5064 PACIFIC COAST COMMUNITY SERVICES, INC., Appellant, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. Daniel C. McAuliffe of Witcomb Law, P.C., Denver, CO, counsel for Appellant. Denise A. McLane, Office of the General Counsel, Department of Homeland Security, Philadelphia, PA, counsel for Respondent. Before Judges DANIELS (Chairman), HYATT, and SHERIDAN. SHERIDAN, Board Judge. Appellant, Pacific Coast Community Services, Inc. (PCCS), filed an appeal with the Civilian Board of Contact Appeals asking the Board to award it $71,592.96 for additional services that it alleges were provided under Department of Homeland Security (DHS) contract HSHQW9-13-C-0001. In response to a show cause order issued by the Board on November 19, 2015, DHS has moved for dismissal for lack of jurisdiction, while PCCS asserts that the appeal should not be dismissed. We grant DHS’ motion to dismiss. CBCA 5064 2 Findings of Fact On September 5, 2012, appellant entered into contract HSHQW9-13-C-0001 to provide administrative support services to DHS’ Federal Protective Service (FPS) “in accordance with the attached Performance Work Statement [PWS].” The PWS set forth a schedule of services by contract line item numbers (CLINs), quantities, items, unit prices, and amounts. The contract was for a base year, to run from October 1, 2012, through September 30, 2013 (fiscal year (FY) 2013), and for as many as four option years (FYs 2014 through 2016). On May 7, 2015, Christopher T. Flynn, the President and Chief Executive Officer of PCCS, presented to the contracting officer a “white paper” setting forth PCCS’ position about two disputes which appeared to be developing. PCCS asserted that the contract only required its contract employees to work a total of 1888 productive hours per month. FPS had earlier taken the position that a higher number of hours was required. Also, there was a disagreement as to the receptionist provided by PCCS “being available at all times,” and PCCS explained its position on that issue. On July 31, 2015, PCCS submitted to the contracting officer what it characterized as its “NOTICE OF CONTRACT DISPUTE AND NOTICE OF WRITTEN DEMAND . . . for the payment of money in a sum certain in accordance with Federal Acquisition Regulation [FAR] Subpart 52.233-1, ‘Disputes.’” The letter stated: The total amount of the claim is [sic] ranges from $5000 to $25,000 per contract year or to $200,000 if the disputed contract is terminated by the Government. This claim is based on the current best available estimate as described in the attached Basis of PCCS Claim for Adjustment and may be revised. The Pro-forma Impact on Price per Contract Interpretation is attached for illustrative purposes as the CO [contracting officer] has stated Example 3 is the preference of the Government. PCCS is requesting a final decision on its claim, or written notice of when a decision will be made, within 60-days. PCCS attached “Enclosure 1: Basis of PCCS Claim for Adjustment” to its July 31, 2015, submission. Enclosure 1 set forth the applicable contract period by year, beginning with the base year, and then proceeded to list the “claims” PCCS associated with each period. For option year one, in enclosure one, appellant states its claims as: Claim 1: Health & Welfare increase of $0.10 was applied to 9440 hours (5 positions at 1888 hrs each) in lieu of 10400 hours of PCCS employee paid hours. FOY [for option year] 1 $96 cumulative contract not computed. CBCA 5064 3 Claim 2: Extraordinary legal costs pertaining to Government’s direction to take adverse action of PCCS employee while employee with a disability was on disability leave. $3500 For option year two, in enclosure one, appellant states its claims as: Claim 1: Health & Welfare increase of $0.21 was applied to 9440 hours (5 positions at 1888 hrs each) in lieu of 10400 hours of PCCS employee paid hours. FOY 1 $297.64 cumulative contract not computed. Claim 2: Contract Year Amount was computed based on 1888 hours not 1896 hours as prescribed on Enclosure 4 Worksheet Employees Tab and then utilized in computation on the Pricing Worksheet tab.