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Recent PSBCA Decisions



 

2014

Oswald Ferro, PSBCA No. 6485 (May 14, 2014) (denies government motion to dismiss appeal because it involves same operative facts and  amount sought as claim presented to Contracting Officer for decision)

Shawn G. Logan, PSBCA No. 6507 (May 9, 2014) (dismisses appeal based on termination claim because contract contained only clause allowing termination without cost upon proper notice)

Marilyn Laney, PSBCA No. 6487 (April 2,2014) (dismisses part of contractor's claim barred by statute of limitations but finds Postal Service liable for payment of last month before contract terminated, even though contract had been suspended) 

 

2013

Ryder Truck Rental, Inc., PSBCA No. 6505 (Oct. 25, 2013) (refuses to dismiss appeals that neglected to state that alleged negligence was the basis for the claims because the original claim submission forms did not require such an allegation and the Contracting Officer, in denying the claims, clearly understood their basis)

Allen Jerry Oliver, PSBCA No. 6500 (June 28, 2013) (dismisses appeal filed absent an underlying claim or a Contracting Officer's decision)

Redmond City Center, L.L.C., PSBCA No. 6498 (June 28, 2013) (denies Postal Service's motion to dismiss for lack of jurisdiction; employee of one firm was specifically authorized to submit claim and then notice of appeal as representative of actual party in interest)

Tromel Construction Corp., PSBCA Nos. 6303, et al. (June 27, 2013) (competing construction delay damages and liquidated damages claims)

Postal Group, LLC, PSBCA No. 6434 (June 13, 2013) (denies Postal Service's motion to dismiss claim under theory of laches because Postal Service has not show it was prejudiced by any delay in claim submission)

Sammy's Delivery Service, PSBCA No. 6431 (Feb. 19, 2013) (denies Postal Service's motion in limine to preclude contractor from introducing evidence to contest existence or amount of debt on government claim

Temescal Plaza, LLC, PSBCA No. 6437 (Feb. 19, 2013) (board lacks jurisdiction over claims for specific performance and equitable relief, over monetary claim not previously presented to Contracting Officer for decision, and over indemnification claim prematurely brought before contractor has been found liable, but retains jurisdiction over claim for interpretation of contract provision)

 

2012 

Sharon Roedel, PSBCA Nos. 6347, 6368 (Apr. 10, 2012) (Postal Service breached enforceable oral agreement for six-month contract without right of termination; contractor entitled to wages and profit she would have earned during six-month period)

Laura K. McNew, PSBCA No. 6286 (Apr. 23, 2012) (mail deliverer's act of taking, and using, discount coupon from undeliverable mail addressed to former resident only as "Occupant" breached contract and was an event of default but was excused by the fact that this was common practice of employees of the post office in question)

2011

Harold N. Colerick, PSBCA No. 6356 (Dec. 14, 2011) (Postal Service properly terminated contract under "notice termination" clause, and contractor is not entitled to convenience termination costs)

Roger W. Holcombe, PSBCA Nos. 5365, 6120 (Nov. 23, 2011) (Postal Service entitled to excess amounts it actually paid to replacement contractor after valid default termination of appellant)

Winona Restoration Partners LLC  d/b/a The Village at Winona, PSBCA No. 6399 (Nov. 22, 2011) (dismisses appeal requesting order directing the Postal Service to restore parking lot because Board lacks jurisdiction to order injunctive relief)

Winona Restoration Partners LLC  d/b/a The Village at Winona, PSBCA No. 6398 (Nov. 22, 2011) (Postal Service entitled to costs of repairing water fountain that contractor failed to repair under Maintenance Rider of its contract) 

Sharon Roedel, PSBCA No. 6347, 6368 (Aug. 1, 2011) (denies Postal Service's motion for summary dismissal because there are disputed issues of fact related to existence of contract and its terms)

47 Main Street Old Mystic LLC, PSBCA No. 6370 (July 13, 2011) (dismisses for lack of jurisdiction untimely-filed appeal from Contracting Officer's decision)

Janet L. Fox and Todd Fox, PSBCA Nos. 6159, 6169 (May 10, 2011) (dismisses untimely-filed application for attorneys fees under EAJA)

ABC Delivery Services, L.L.C., PSBCA No. 6290 (May 3, 2011) (no valid excuse for repeated inability to complete mail route on time which would excuse default)

Tip Top Construction, Inc., PSBCA No. 6351 (Apr. 1, 2011) (consultant costs up to, but not after, Postal Service's approval of substitute equipment associated with change are recoverable; attorney fees incurred in trying to convince Contracting Officer of amount claimed by contractor for change are not recoverable)

Roger W. Holcombe, PSBCA Nos. 5365, 6120 (Apr. 1, 2011) (default termination justified by contractor's failure to disclose on pre-award form negative employment history of prior bad acts, even though Postal Service did not discover this omission until after it had terminated the contract on other grounds; Government entitled to recovery of excess reprocurement costs and administrative costs)

Odessa R. Brown, PSBCA Nos. 5362, 6142, 6115 (Apr. 1, 2011) (Postal Service properly terminated contractor for default, but did not present required evidence to recover excess reprocurement costs: "Respondent did not submit into the record a copy of the replacement contract or any other evidence which could establish the type, frequency or timing of the service required by the replacement contract.")

Gordon T. Smart, PSBCA No. 6123 (Feb. 28, 2011) (Postal Service properly terminated contractor for default but is not entitled to excess reprocurement costs because it failed to present evidence reprocurement contract was for same or similar services)

Minute Man Properties, L.P., PSBCA Nos. 6296, 6337 (Feb 16, 2011) (Postal Service, by holding over, did not constructively exercise renewal option, which required written notice of its exercise)

JM Carranza Trucking Co., PSBCA No. 6354 (Jan. 5, 2011) (Board lacks jurisdiction to stay enforcement of government claim)

2010

Joseph J. Fanucchi, M.D., PSBCA Nos. 5356, 6186 (Dec. 30, 2010) (non-cause termination of employment contract was within Contracting Officer's broad discretion and was not shown to have resulted from appellant's jury duty; appellant has not proved that it would have received a bonus or what the amount of that bonus would have been)

Selpa Construction and Rental Equipment Corp., PSBCA Nos. 5039 et al. (Dec. 20, 2010) (delay claims; suspension of work due to lack of government funding; extended field overhead versus home office overhead)

Judie Jackson, PSBCA No. 6180 (Nov. 30, 2010) (board lacks jurisdiction to order reinstatement of cleaning services contract; Postal Service's motion for summary judgment is denied because there is a need for further development of record on individuals' capacity to act as Contracting Officer)

Franklin Wilborn, PSBCA Nos. 6260, 6314 (Nov. 22, 2010) (appellant failed to prove bad faith or racial animus in the Postal Service's decision not to renew its contract after it refused government request to lower its price)

Scott Steckler, PSBCA No. 6302 (Nov. 18, 2010) (upholds assessment of excess reprocurement costs after uncontested default termination)

Jerry Blanton and Linda Blanton, PSBCA Nos. 6319, 6320 (Nov. 5, 2010) (appellants are not entitled to liquidated damages after terminations for convenience because although contracts made reference to such provisions, they were not included in the contracts)

Stewartsville Postal Properties, PSBCA No. 6309 (Sep. 24, 2010) (Postal Service liable to lessor for building rent during period when temporary injunction prevented lessor from allowing government to occupy premises because government had executed lease knowing of potential regulatory issues)

J. Leonard Spodek, PSBCA Nos. 6146, 6147 (Sep. 16, 2010) (Postal Service's failure to vacate premises at end of its lease entitles appellant to market rental value of premises for holdover period)

Jean E. Smith, PSBCA Nos. 5360, 6125 (Sep. 15, 2010) (upholds default termination after contractor (i) was arrested for arguing with police who were called when she refused to leave post office premises after ordered to do so for refusing to wear a required badge and (ii) thereafter did not perform required services of provide a substitute to do so, even though she was eventually found not guilty of trespass) 

Ernest W. Miller, PSBCA No. 6258 (Sep. 7, 2010) (declines to dismiss appeal for failure to prosecute because less drastic sanctions are available)

SKE International, Inc., PSBCA No. 6315 (July 26, 2010) (denies contractor's claim that it was improper for Postal Service not to have renewed contract, but grants claim that Postal Service breached agreement by failing to order the required minimum during the base period)

Barbara Beall, PSBCA No. 6307 (July 13, 2010) (lessor liable for Postal Service's incurred costs for repairing light fixtures after lessor refused to do so)

Southern Mail Service, Inc., et al., PSBCA Nos. 5322 et al. (Oct.. 4 2010) (denies Postal Service's request for reconsideration of this case

James M. Grysiak, PSBCA No. 6282 (May 27, 2010) (upholds default termination and excess reprocurement cost claim because contractor repeatedly instigated personal, antagonistic confrontations with other postal workers)  

Kathleen A. Ozbilin, PSBCA No. 6255 (May 25, 2010) (dismisses appeal because notice of appeal not filed within 90-day time limit) 

Larry A. Stiles, PSBCA No. 5304 (Jan. 26, 2010) (uphold termination after repeated unexcused failure of contractor to meet required schedule for delivery)

2009

Sud Des Moines LLC, PSBCA No. 6263 (Sep. 24, 2009) (contractor liable for Postal Service's reasonable costs of repairing water line that burst at facility leased by the contractor to the Government)

Frank Wilborn, PSBCA No. 6260 (Sep. 10, 2009) (Board has jurisdiction to hear appeal from Postal Service's decision not to renew mail transportation contract)

Park Ridge South Holland Partnership, PSBCA No. 6256 (Aug. 27, 2009) (finds Postal Service liable for contractor's costs of repairing roof downspouts in building leased by contractor to Government)

Southern Mail Service, Inc., PSBCA Nos. 5322, 5375, 5377-82 (Aug. 26, 2009) (contract interpretation of meaning of "starting date"; authority of COR; inability of Postal Service to revoke prior decisions by CORs)

Luvin Construction Corp. PSBCA No. 6235 (Aug. 6, 2009) (Board lacks jurisdiction to hear claim that contractor should be re-instated to pre-qualified bidders' list; dismisses another claim because integral part of it was not submitted to Contracting Officer for a decision)

Lonnie J. Allbaugh, PSBCA No. 6232 (June 26, 2009) (dismisses claim for lack of CDA jurisdiction because the ordering agreement under which it arose was not subject to the CDA)

MRCK Limited Partnership, PSBCA No. 6177 (May 12, 2009) (under lease agreement, the contractor/lessor is responsible to pay fee for solid waste disposal)

Vincent D'Orazio, PSBCA No. 6165 (May 8, 2009) (dismisses claim for lack of CDA jurisdiction because it does not "relate to a contract"; dismisses another count for lack of jurisdiction over "equitable, implied-in-law" claim)

Sarah M. Mitchell, PSBCA No. 6173 (Mar. 25, 2009) (dismisses appeal of "termination" for lack of jurisdiction because there was no cognizable contract that was terminated)

Weston Solutions, Inc., PSBCA No. 5407 (Mar. 25, 2009) (grants portions of equitable adjustment request for excess emergency clean-up costs following Hurricane Katrina; burden of proof; notice; prior knowledge; differing site conditions absent "Differing Site Conditions" clause)

Jody Builders Corp., PSBCA Nos. 5047, 5178 (Mar. 17, 2009) (denies Postal Service's motion for reconsideration)

Janet L. Fox and Todd Fox, PSBCA Nos. 6159, 6169 (Feb. 26, 2009) (overturns one of two default terminations because there is no record the Contracting Officer considered the fact that the contractor had already corrected prior performance problem prior to the termination)

E & J Trucking, PSBCA Nos. 5092, 5188 (Feb. 9, 2009) (default termination and excess reprocurement costs issues)

Webco Transportation Corp., PSBCA Nos. 5276, 5315 (Jan. 5, 2009) (upholds default termination originally issued on basis of contractor's alleged safety violations, because of an issue--the contractor's violation of the Service Contract Act--that the Contracting Officer did not know about until after the default termination)

 

 

2008

Appeals of George Jerry Malone, PSBCA Nos. 6129, 6135  (Sep. 2, 2008) (default termination; administrative costs associated with reprocurement)

Appeal of Brush Creek Partners, PSBCA No. 5372 (Aug. 27, 2008) (lease agreement; interpretation; responsibility for cost of repairs of water fountain)

Appeal of Frank Baiamonte, PSBCA No. 5332 (July 30, 2008) (motion for partial reconsideration denied)

Appeal of Derby Mesa Partners, PSBCA No. 6122 (July 29, 2008) (liability of Government for repairs at conclusion of lease)

Appeals of Frank Baiamonte, PSBCA Nos. 5297, 5324 (July 29, 2008) (motion for reconsideration denied)

Appeal of National Postal Management, PSBCA No. 5329 (July 23, 2008) (interpretation of lease agreement; obligation of lessor to make repairs)

Appeals of West Wilson Enterprises, PSBCA Nos. 5203, 5219 (May 29, 2008) (improper default termination; failure of Postal Service to meet burden of proof justifying termination; conversion to termination for convenience)

Appeal of Midwest Transport, Inc., PSBCA No. 6132 (Mar. 21, 2008) (lack of jurisdiction; letter from Postal Service was not a contracting officer's decision on a government claim)

Appeal of Frank Baiamonte, PSBCA 5332 (Feb. 15, 2008) (board jurisdictional issues)

Appeal of Joseph J. Fannuchi, MD, PSBCA 5356 (Feb. 2008) (new claim on appeal)

Appeal of Samson J. Hypolite, PSBCA 5415 (Jan. 23, 2008) (lack of contracting officer decision on Postal Service claim)

Appeals of Nova Express, PSBCA 5102, 5204, 5206 (Jan. 10, 2008) (propriety of Postal Service's decision not to renew contract)

 

2007

Appeal of Frank Baiamonte, PSBCA No. 5274 (Dec. 20,2007) (motion for reconsideration denied)

Appeal of Denise Baiamonte, PSBCA Nos. 5387 et al. (Dec. 17, 2007) (motion for reconsideration denied)

Appeal of Edward I, Inc. d/b/a Winter Services, PSBCA No. 6118 (Nov. 20, 2007) (absence of contract for snow removal services; lack of authority to contract)

Appeal of Cephrus Devore, PSBCA No. 5404 (Oct. 31, 2007) (delay by contracting officer in terminating contract entitles contractor to payment during period of delay)

Appeals of Nova Express, PSBCA Nos. 5091 et al. (Aug. 31, 2007) (motions for reconsideration denied)

Appeals of Metcalfe Trucking, PSBCA Nos. 5320, 5321(Aug. 29, 2007) (upholds default termination of mail transportation contract because owner convicted of distributing child pornography)

Appeals of Derrick Van Greene, PSBCA Nos. 5093, 5215 (June 11, 2007) (denies Postal Service's motion for reconsideration)

Appeals of Nova Express PSBCA Nos. 5101, 5205, 5268 (June 11, 2007) (upholds default termination for failure to maintain required liability insurance on delivery vehicles)

Appeal of Frank Baiamonte, PSBCA No. 5274 (June 1, 2007) (jurisdiction; protest; absence of contract)

Appeals of Denise Baiamonte, PSBCA Nos. 5387-5393 (June 1, 2007) (jurisdiction; protests; absence of contracts)

Appeals of Nova Express, PSBCA Nos. 5091 et al., (Apr. 30, 2007) (default termination; excess reprocurement costs) 

Appeal of Valley Realty Co., PSBCA No. 5344 (Apr. 17, 2007) (meaning of the "Minor Repairs" clause)

Appeal of Hakala Transport, Inc., PSBCA No. 5298 (Apr. 16, 2007) (definition of CDA claim)

Appeal of Richard Jackson, PSBCA No. 5183 (Mar. 12, 2007) (default termination; excusable delays)

Appeal of Baer Real Estate, PSBCA No. 5233 (Mar. 5, 2007) (excess construction costs; subsurface conditions; superior knowledge)

Appeals of Derrick Van Greene, PSBCA Nos.  5093, 5215 (Jan. 12, 2007) (default termination; impossible schedule)

Appeals of Harrigill Postal Service, LTC., PSBCA Nos. 5190-5195, 5221-5223 (Jan. 11, 2007) (default termination; repudiation)

 

This website links to resources on the web concerning government contracting. It is not intended to provide legal advice. Moreover, I do not vouch for the completeness, currency, or accuracy of the sites to which it links. If you have comments, suggestions, or corrections, please email me