Spanish Solutions Language Services

Opinion

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