Black Star Security, Inc. v. United States

32 Cont. Cas. Fed. 72,431, 5 Cl. Ct. 110, 1984 U.S. Claims LEXIS 1441
CourtUnited States Court of Claims
DecidedApril 6, 1984
DocketNo. 9-83C
StatusPublished
Cited by6 cases

This text of 32 Cont. Cas. Fed. 72,431 (Black Star Security, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black Star Security, Inc. v. United States, 32 Cont. Cas. Fed. 72,431, 5 Cl. Ct. 110, 1984 U.S. Claims LEXIS 1441 (cc 1984).

Opinion

ON DEFENDANT’S MOTION TO DISMISS

OPINION

SETO, Judge:

This contract action, arising under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601 et seq. (Supp. V 1981) (CDA), comes before the court on defendant’s motion under RUSCC 12(b)(1) to dismiss for lack of subject matter jurisdiction. Defendant asserts that plaintiffs should have, but did not, comply with the certification requirements of CDA § 605(c)(1), and thus have presented no claim of which this court has jurisdiction under CDA § 609(a)(1). Plaintiffs contend, however, that they have presented five separate claims, none of which must be certified under § 605. For the reasons set forth hereinafter, the court finds that plaintiffs have presented a single, unitary claim which has not been properly certified. This court therefore lacks jurisdiction over plaintiffs’ cause, and plaintiffs’ complaint will be dismissed.

FACTS

The facts as set forth herein are presented in plaintiffs’ complaint, defendant’s motion to dismiss, plaintiffs’ response to defendant’s motion, and defendant’s reply. For the purposes of this motion only, defendant does not dispute plaintiffs’ allegations of fact.

Plaintiff, Black Star Security, Inc. (Black Star), is a Massachusetts corporation which provides security guard services. Plaintiff, Thomas Funding Corp. (Thomas), is a financing institution organized under the laws of New York.1 In August 1980, Black Star entered into a contract, No. 023-80-569, with the United States Department of Housing and Urban Development (HUD). According to the “Solicitation, Offer and Award” attached as Exhibit B to plaintiff’s complaint, Black Star was to provide security guard services as follows:

INDEFINITE SECURITY GUARD SERVICE: Herein after [sic] described in detail at various locations within Boston, Suffolk County, Massachusetts, [sic] Service shall commence on the date specified in the Notice to Proceed and continue for [112]*112a period of twelve (12) months at which time the contract will terminate.

Plaintiff began providing security services in September 1980.2

The contract was terminated in April 1981 by HUD pursuant to the contract’s “TERMINATION FOR CONVENIENCE OF THE GOVERNMENT” clause.3 At this point, the record becomes somewhat unclear. Apparently, some dispute as to wage payments arose and HUD’s contracting officer withheld approximately $210,-000 allegedly due Black Star under the contract.4 After settlement or other administrative disposition, this withheld sum was reduced to $137,939.26, of which $80,-357.86 was forwarded to the Department of Labor in settlement of the wage dispute.5 Although not all of the correspondence between Black Star and HUD was attached to the various filings in this case, it is inferred from two letters that were attached to defendant’s motion that HUD was concerned about the number of guard hours worked and the duties of those for whom hours were billed. For whatever reasons, HUD did not pay over to Black Star any of the disputed amounts whatsoever.

By a letter dated November 18, 1981, plaintiff’s president, Victor McDonald, made a demand on HUD through its contracting officer for $146,104.18 allegedly due plaintiff for services rendered during February, March, and April 1981.6 This letter attempted to explain certain discrepancies contained in employee affidavits required by HUD, and to explain the status of certain of Black Star’s employees. On January 12, 1982, HUD’s contracting officer sent a letter to plaintiff’s president rejecting plaintiff’s demands and explaining why the demand was being rejected. The letter also contained the following language:

It is determined inappropriate to continue to belabor the contract issues any further. HUD will proceed to wrap up and close the contract records of this office. This is the final decision of the Contracting Officer. This decision may be appealed to [the] HUD Board of Contract Appeals____
sk sk sk sk ■ * sk
Instead of appealing to the Board of Contract Appeals, you may bring an action directly to the U.S. Court of Claims within twelve (12) months of the date you receive this notice. [Exhibit 1 to Affidavit of Kenneth H. Salk, attached to defendant’s Motion to Dismiss] [Emphasis added].

Plaintiff chose the latter alternative mentioned in the contracting officer’s letter, and a complaint was filed in this court on January 11, 1983. In lieu of an answer, defendant filed a motion for an enlargement of time, and filed its motion to dismiss the complaint on May 13, 1983. The motion was fully briefed by the parties, but thereafter, counsel for plaintiff filed a mo[113]*113tion for leave to withdraw as counsel. Because of its possibly adverse effect on plaintiff’s claim, see RUSCC 81(d)(6) (second sentence), a ruling on this latter motion was deferred pending the instant decision on defendant’s motion.

Parties’ Contentions

In its complaint, plaintiff asserts that this court has jurisdiction over this action under 28 U.S.C. § 1491 and 41 U.S.C. §§ 601-613 {viz., the CDA). Although plaintiff’s non-specific reference is to the CDA in toto, the statute granting this court jurisdiction over disputes brought under the CDA’s provisions is § 609(a):

(a) Actions in United States Claims Court; district court actions; time for filing
(1) Except as provided in paragraph (2) , and in lieu of appealing the decision of the contracting officer under section 605 of this title to an agency board, a contractor may bring an action directly on the claim in the United States Claims Court, notwithstanding any contract provision, regulation, or rule of law to the contrary.
(2) [Inapplicable herein.]
(3) Any action under paragraph (1) or (2) shall be filed within twelve months from the date of the receipt by the contractor of the decision of the contracting officer concerning the claim, and shall proceed de novo in accordance with the rules of the appropriate court.

Plaintiff asserts that it fully performed according to the terms of the contract while the contract was in force, that it duly submitted periodic invoices for each payroll period, and that these invoices “were accompanied by applicable executed and certified Government forms WH-347 covering the period of security service performance for which the invoices were submitted.” Complaint, ¶ 9. Paragraph ten of the complaint alleges that plaintiff is owed “$57,-581.40 which is the difference between the total due of $137,939.26 less $80,357.86 that was allegedly forwarded to the United States Department of Labor for the settlement of wage payment disputes.” Finally, the complaint demands “judgment ... against the United States of America in the amount of $57,581.40,____”

Defendant’s motion to dismiss asserts that this court has no jurisdiction of the subject matter of plaintiff’s cause.

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Cite This Page — Counsel Stack

Bluebook (online)
32 Cont. Cas. Fed. 72,431, 5 Cl. Ct. 110, 1984 U.S. Claims LEXIS 1441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-star-security-inc-v-united-states-cc-1984.