Judges: McIlmail
Filed: Feb. 06, 2020
Latest Update: Mar. 03, 2020
Summary: ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Spanish Solutions Language Services ) ASBCA No. 62233 ) Under Contract No. W912CL-18-P-0027 ) APPEARANCE FOR THE APPELLANT: Ms. Marcela Lopez CEO APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq. Army Chief Trial Attorney MAJ Greg T. O'Malley, JA Trial Attorney OPINION BY ADMINISTRATIVE JUDGE MCILMAIL The government moves to dismiss the appeal for lack of jurisdiction. Appellant's theory is that Contract W912CL-18-P-0027 (the contract
Summary: ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Spanish Solutions Language Services ) ASBCA No. 62233 ) Under Contract No. W912CL-18-P-0027 ) APPEARANCE FOR THE APPELLANT: Ms. Marcela Lopez CEO APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq. Army Chief Trial Attorney MAJ Greg T. O'Malley, JA Trial Attorney OPINION BY ADMINISTRATIVE JUDGE MCILMAIL The government moves to dismiss the appeal for lack of jurisdiction. Appellant's theory is that Contract W912CL-18-P-0027 (the contract a..
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ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
Spanish Solutions Language Services ) ASBCA No. 62233
)
Under Contract No. W912CL-18-P-0027 )
APPEARANCE FOR THE APPELLANT: Ms. Marcela Lopez
CEO
APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq.
Army Chief Trial Attorney
MAJ Greg T. O'Malley, JA
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL
The government moves to dismiss the appeal for lack of jurisdiction.
Appellant's theory is that Contract W912CL-18-P-0027 (the contract at issue in this
appeal) "was awarded improperly and illegally, [c]onsequently [appellant] has been
unfairly denied the contract and the integrity of the competitive procurement system
has been compromised" (app. resp. at 4 (emphasis added)). Appellant's appeal is
really a "bid protest," which the Board lacks jurisdiction to entertain. See Lulus
Ostrich Ranch, ASBCA Nos. 61225, 61226, 17-1BCA136,848 at 179,543.
Moreover, for the Board to possess jurisdiction to entertain an appeal, there must be an
express or implied contract between the appellant and the government. See Black
Tiger Co., ASBCA No. 59819, 18-1 BCA, 37,046 at 180,336. The above-quoted
statement of appellant concedes that the contract at issue is not between appellant and
the government; consequently, the Board does not possess jurisdiction to entertain this
appeal. Although appellant points to the contracting officer having provided appellant
a notice of appeal rights (app. resp. at 1), that does not change the outcome. See
Palafox Street Assocs., L.P. v. United States, 122 Fed. Cl. 18, 37 (2015) (contracting
officer's advice regarding appeal rights did not create jurisdiction upon court); Santa
Fe, Inc. v. United States,
13 Cl. Ct. 464, 467 n.1 (1987) ("A contracting officer cannot
bestow jurisdiction upon a court where it does not otherwise exist.").
The appeal is dismissed for lack of jurisdiction.
Dated: February 6, 2020
Administrative Judge
Armed Services Board
I
of Contract Appeals
I concur
~
RifCHARDSHACKLEFORD OWEN C. WILSON
,
Administrative Judge
Acting Chairman
Administrative Judge
Vice Chairman
I '
Armed Services Board Armed Services Board
of Contract Appeals of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 62233, Appeal of Spanish
Solutions Language Services, rendered in conformance with the Board's Charter.
Dated:
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
I
Ii
f
2 I
I
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
Spanish Solutions Language Services ) ASBCA No. 62233
)
Under Contract No. W912CL-18-P-0027 )
APPEARANCE FOR THE APPELLANT: Ms. Marcela Lopez
CEO
APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq.
Army Chief Trial Attorney
MAJ Greg T. O'Malley, JA
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL
The government moves to dismiss the appeal for lack of jurisdiction.
Appellant's theory is that Contract W912CL-18-P-0027 (the contract at issue in this
appeal) "was awarded improperly and illegally, [c]onsequently [appellant] has been
unfairly denied the contract and the integrity of the competitive procurement system
has been compromised" (app. resp. at 4 (emphasis added)). Appellant's appeal is
really a "bid protest," which the Board lacks jurisdiction to entertain. See Lulus
Ostrich Ranch, ASBCA Nos. 61225, 61226, 17-1 BCA ,i 36,848 at 179,543.
Moreover, for the Board to possess jurisdiction to entertain an appeal, there must be an
express or implied contract between the appellant and the government. See Black
Tiger Co., ASBCA No. 59819, 18-1 BCA ,i 37,046 at 180,336. The above-quoted
statement of appellant concedes that the contract at issue is not between appellant and
the government; consequently, the Board does not possess jurisdiction to entertain this
appeal. Although appellant points to the contracting officer having provided appellant
a notice of appeal rights (app. resp. at 1), that does not change the outcome. See
Palafox Street Assocs., L.P. v. United States, 122 Fed. Cl. 18, 37 (2015) (contracting
officer's advice regarding appeal rights did not create jurisdiction upon court); Santa
Fe, Inc. v. United States,
13 Cl. Ct. 464, 467 n.1 (1987) ("A contracting officer cannot
bestow jurisdiction upon a court where it does not otherwise exist.").
The appeal is dismissed for lack of jurisdiction.
Dated: February 6, 2020
,..tIMOTHYB.MCIAI
Administrative Judge
Armed Services Board
of Contract Appeals
I concur
~
RftCHARDSHACKLEFORD OWEN C. WILSON
Administrative Judge Administrative Judge I
Acting Chairman
Armed Services Board
of Contract Appeals
Vice Chairman
Armed Services Board
of Contract Appeals
II
l
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 62233, Appeal of Spanish
Solutions Language Services, rendered in conformance with the Board's Charter.
Dated:
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
2
