OK's Cascade Co. v. United States

87 Fed. Cl. 739, 2009 U.S. Claims LEXIS 258, 2009 WL 2232209
CourtUnited States Court of Federal Claims
DecidedJuly 21, 2009
DocketNo. 08-902C
StatusPublished
Cited by4 cases

This text of 87 Fed. Cl. 739 (OK's Cascade Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
OK's Cascade Co. v. United States, 87 Fed. Cl. 739, 2009 U.S. Claims LEXIS 258, 2009 WL 2232209 (uscfc 2009).

Opinion

OPINION AND ORDER

WHEELER, Judge.

This case involves a requirements contract between Plaintiff OK’s Cascade Company (“OK’s”) and the United States Department of Agriculture, Forest Service, National Interagency Fire Center (“NIFC”) to provide meals to Government firefighting crews. On July 5, 2003, the NIFC issued a Food Service Request assigning one of OK’s mobile food service units to the Encebado Fire in Taos, New Mexico. When the NIFC dispatch center learned that OK’s could not meet the date and time requirements for serving the first meal at the Encebado Fire, it reassigned the order to another contractor. OK’s submitted an uncertified claim to the Contracting Officer on August 4, 2004 alleging that the NIFC wrongly assigned the Encebado Fire order to the other contractor. OK’s claimed damages of $154,854.00.

The Contracting Officer initially awarded OK’s damages of $149,831.40, plus interest, but then decreased the award to $92,883.90 to account for offsetting work that OK’s performed at two other fires during the same period. Upon OK’s submission of an invoice for payment of $92,883.90, the NIFC refused to pay the full amount because the contract provisions for cancelled orders only permitted recovery for the cost of the first meal ordered, plus mileage. On April 8, 2005, OK’s filed suit in this Court for breach of contract, but the Court dismissed OK’s suit without prejudice for lack of subject matter jurisdiction, due to OK’s failure to certify its claim. OK’s Cascade Co. v. United States, No. 05-458C (Order, Nov. 1, 2005) (Williams, J.). Following this dismissal and OK’s sub-mittal of a certified claim on November 1, 2007, a successor Contracting Officer issued a final decision on December 17, 2007 awarding OK’s $6,025.00 for 500 breakfast meals, the first meal that OK’s could have served. The NIFC paid OK’s this amount.

OK’s commenced the present action on December 17, 2008, alleging that the NIFC breached its contract and abused its discretion in failing to enforce the monetary award of the original Contracting Officer. This matter is before the Court on Defendant’s February 17, 2009 motion to dismiss, or, in the alternative, for summary judgment. Defendant argues that OK’s has failed to state a claim upon which relief can be granted because the original Contracting Officer’s decision is reviewed de novo by this Court, and is not binding upon Defendant. Even if OK’s has pleaded a valid claim, Defendant asserts that it is entitled to judgment as a matter of law because the original Contracting Officer’s decision in response to an uncertified claim was not a final decision enforceable in this Court. Defendant also states that OK’s has received all of the relief to which it is entitled pursuant to the cancellation provisions of the contract.

For the reasons stated below, the Court concludes that there are no genuine issues of material fact, and that Defendant is entitled to judgment as a matter of law. Accordingly, the Court hereby GRANTS Defendant’s motion for summary judgment. The Court does not need to address Defendant’s alternative motion to dismiss for failure to state a claim upon which relief can be granted.

Background1

On May 5, 1999, the NIFC entered into a requirements-type contract, Contract No. [742]*74253-024B-9-2056, with OK’s for the provision of meals to Government firefighting crews. Def.’s Proposed Findings of Uncontroverted Fact (“DPFUF”) ¶ 1. The contract stated that: “Due to the sporadic occurrence of incident activity, the Government DOES NOT GUARANTEE placement of any orders for service....” Id. ¶2 (emphasis in original). If the NIFC ordered meals, the contract obligated it to do so through its National Interagency Coordination Center (“the NICC” or “the dispatch center”) according to the following procedure:

The Government has contracts with several firms for Mobile Food Services and will utilize the Contractor located at the Designated Dispatch Point closest to the Incident as determined by using the Rand McNally Road Atlas© or the latest version of Microsoft Expedia Streets & Trips©, providing that the equipment meets the Incident’s needs and that required time frames can be met.

Id. ¶ 3. The contract addressed order cancellations as follows: “A Mobile Food Service Unit may be canceled at any time prior to any meals being served or released at any time after serving has begun.... Notice of cancellation [of a Mobile Food Service Unit] wall be provided to the Contractor by the NICC located at NIFC or AICC.” Id. ¶ 4. It stated further that: “[i]n the event an order is cancelled or reassigned en-route before any meals are served, the Contractor will be paid for the number of meals ordered for the first meal plus mileage, if applicable.” Id.

On the morning of July 5, 2003, the NIFC required a mobile food service unit to report to the Encebado Fire in Taos, New Mexico. Id. ¶ 5. At that time, OK’s Mobile Kitchen Unit Number K-13 (“the K-13 unit”) was returning from servicing another fire in Albuquerque, New Mexico, approximately 135 miles from Taos, New Mexico, to its Designated Dispatch Point (“DDP”) in Fresno, California. Id. ¶ 6. OK’s had notified the NIFC’s dispatch center the previous day that the unit was available for reassignment to another fire. Id.; Pl.’s Proposed Findings of Uncontroverted Facts (“PPFUF”) ¶ 7A. A dispatcher contacted OK’s and asked if the K-13 unit could serve lunch at the Encebado Fire that afternoon, but Jason Stuvland, OK’s Director of Logistics and Dispatch, orally informed the dispatcher that OK’s would not have enough time to mobilize its equipment and set up for the 12:00 Noon lunch order. Id. ¶7F; DPFUF ¶ 9. OK’s told the dispatcher that the earliest order it could fill was dinner at 7:00 P.M. on July 5, 2003, and the dispatcher gave OK’s the approval to fill this order. DPFUF ¶ 10. However, OK’s internal Logistics Memorandum indicates that OK’s would not have completed initial set-up for dinner until between 7:30 P.M. and 9:00 P.M. Id. ¶ 11; Appendix (“App.”) 159. At 8:54 A.M. on July 5, 2003, the dispatch center faxed a Food Service Request to OK’s, assigning OK’s K-13 unit to the Encebado Fire and ordering 300 sack lunches to be provided by 12:00 Noon that day, despite the oral understanding between Mr. Stuvland and the dispatcher that OK’s could not fill this order. DPFUF ¶¶ 7-8.

Later that morning, dispatcher Richard Bates informed Mr. Stuvland that the dispatcher to whom Mr. Stuvland had spoken earlier had erred in assigning OK’s K-13 unit to the Encebado Fire because OK’s could not meet the date and time requirements for serving the first meal under the Food Service Request. PPFUF ¶ 7F. Mr. Bates then cancelled the order with OK’s and placed an order with Houston’s Trails End Catering (“Houston’s”) because the contractor was located at the DDP “closest to the Incident,” as called for under the contract. DPFUF ¶¶ 12-13; App. 41. Houston’s catered the Encebado Fire from July 6, 2003 through July 18, 2003. DPFUF ¶ 14. During that time, the NIFC assigned OK’s K-13 unit to two other fires: the Woodlot Fire (July 9, 2003 through July 13, 2003) and the Robb Fire (July 15, 2003 through July 17, 2003). Id. ¶ 15.

On August 4, 2004, OK’s submitted an uncertified letter to the NIFC demanding $154,854.00 in payment, alleging that the En-[743]*743cebado Fire order was “given in error” to Houston’s, rather than to OK’s. Id. ¶ 16.

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Cite This Page — Counsel Stack

Bluebook (online)
87 Fed. Cl. 739, 2009 U.S. Claims LEXIS 258, 2009 WL 2232209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oks-cascade-co-v-united-states-uscfc-2009.