Telenor Satellite Services, Inc. v. United States

71 Fed. Cl. 114, 2006 U.S. Claims LEXIS 131, 2006 WL 1517339
CourtUnited States Court of Federal Claims
DecidedJune 2, 2006
DocketNo. 05-528C
StatusPublished
Cited by33 cases

This text of 71 Fed. Cl. 114 (Telenor Satellite Services, Inc. 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
Telenor Satellite Services, Inc. v. United States, 71 Fed. Cl. 114, 2006 U.S. Claims LEXIS 131, 2006 WL 1517339 (uscfc 2006).

Opinion

OPINION

BASKIR, Judge.

This is a breach of contract case arising out of an alleged bailment contract between Telenor Satellite Services, Inc. (“Telenor”) and the U.S. Department of State. The cross motions for partial summary judgment focus on whether the State Department employees who entered into the arrangement with Telenor had the authority to bind the Government in a bailment contract for the temporary use of electronic equipment. The Court concludes that the contract was ratified by an official who had authority to bind the Department. Therefore, Plaintiffs Motion for Partial Summary Judgment is GRANTED, and the Defendant’s Cross Motion is DENIED.

BACKGROUND:

As we will explore in greater detail below, the existence of the authority to contract on behalf of the Government is determined by the responsibilities of the persons involved in the transaction. Consequently, we first set out the official descriptions of the duties of these people, beginning with a brief statement describing the organizational structure of the Department of State (“the Department” or “State Department”).

I. The People

The State Department is organized into several Bureaus, including the Bureau of Intelligence and Research (“INR”). Bureaus are usually headed by an Assistant Secretary, often with the assistance of at least one Deputy Assistant Secretary. Some Bureaus are further divided into Offices, which are headed by Directors. One such Office of the INR is the Office of the Geographer and Global Issues (“GGI”). During the periods of time relevant to this case, Mr. William Wood was the Deputy Assistant Secretary (“DAS”) for the Bureau of INR, and supervisor of Mr. Lee Schwartz, who was the Acting Director of the Office of GGI of INR and also supervisor of Mr. Reid A. Daugherity, an officer within GGI.

[116]*116 A.William Wood

Mr. Wood’s formal title was the “Deputy Assistant Secretary for Analysis and Information Management.” Supp.App. at 8. The Foreign Affairs Manual (“FAM,” the manual describing the basic organization and functions of the State Department) provides that in general, a Deputy Assistant Secretary “participates with the principal in carrying out the full range of management responsibilities and acts with full authority over the total work of the organization during the principal’s unavailability or absence.” 1 FAM 014.6(e)(1), PLApp. at 26. The FAM provisions also provide that Deputy Assistant Secretaries are responsible for overseeing the “major functions” of their Bureaus, which in turn “administer one or more major functions of the Department.” 1 FAM 014.3(b), PLApp. at 24.

Further, 1 FAM 431.1 states that the Assistant Secretary for Intelligence and Research (and the Deputy Assistant Secretary in his absence, see PLApp. at 26), among other things, “directs the Department’s program of research and analysis,” represents “the Secretary of State in the Intelligence Community,” “[ijssues all taskings from the Department to intelligence agencies for intelligence,” and “[mjaintains information management systems.” Pl.App. at 30. According to 1 FAM 433(a), the Deputy Assistant Secretary for Analysis (here, Mr. Wood):

Manages a comprehensive program of current and long-term intelligence analysis for the Department, based on information from all sources for the Secretary and the Department’s principal policy officers.

Pl.App. at 32. He also “[djirectly supervises 9 offices and one staff, as directed by the Assistant Secretary.” 1 FAM 433(b), Pl.App. at 32.

Mr. Wood’s position description further describes his duties. See Supp.App. at 6-9. Among other things, it states that he has:

responsibility for providing leadership and direction in the development, coordination, and implementation of a comprehensive intelligence production program for the Department of State on Africa and Global Issues. The incumbent also has primary responsibility for providing geographic and imagery support to diplomacy and for information management, including electronic dissemination of intelligence products in Washington, and to overseas posts.

Supp.App. at 8. Mr. Wood was responsible for “the development, coordination, and oversight of regional and functional intelligence matters for the Bureau.” Id. He was also responsible for undertaking special projects for the Assistant Secretary, such as “implementation of a comprehensive information management system for the Bureau that will significantly increase access to the Internet and more effective electronic dissemination of intelligence to Department policymakers.” Id. at 9. Mr. Wood’s authority was “subject only to the broad executive direction of the Assistant Secretary.” Id.

B. Lee Schwartz

Mr. Schwartz has been the Acting Director of the Office of GGI in the Bureau of INR since 2002. The Foreign Affairs Manual, 1 FAM 014.3(c), provides that Offices “are responsible for a complete functional field.” Pl.App. at 24. The Office of the Geographer and Global Issues analyzes issues, determines official geographic nomenclature, advises the Government about geographic matters, and serves as the Geographer of the United States. 1 FAM 433.3, Pl.App. at 33.

Among other things, Mr. Schwartz’ position description states that he “[djirects the use of geographic information system applications in support of humanitarian and diplomatic objectives.” Supp.App. at 28. Under “Purpose of Contacts,” his position description also provides that he is “to coordinate major research and analytical efforts for the solution of important public policy questions.” Id. at 31.

C. Reid Daugherity

Mr. Daugherity was, during all times relevant to this litigation, a Foreign Affairs Research Analyst in the Office of GGI at INR. As a research analyst, he was responsible for “providing all-source intelligence analysis” in various areas, including humanitarian emergencies and disaster relief. Research Analyst Position Description, PLApp. at 4. In his [117]*117declaration, Mr. Daugherity summarizes his job duties as follows:

My duties are to carry out current and in-depth intelligence analysis of complex emergencies and humanitarian crises, brief senior policy makers at the Department of State regarding those impending and current emergencies and crises, coordinate intelligence community products with the Untied States intelligence community, and monitor multilateral and geopolitical issues to determine where and when a humanitarian crisis might arise.

Def.App. at 3.

More specific to the instant ease, Mr. Daugherity’s position description delineates the following duties, in relevant part:

Participates actively in bilateral and multilateral negotiations and information exchanges ...
Serves as a primary point of contact with the Office of the Secretary and as a direct focal point in the Department on all matters relating to area of expertise ...
Serves as the Department’s lead officer in implementing intelligence support for a treaty or agreement ... [on programs] involving global, regional and country-specific issues ...

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Bluebook (online)
71 Fed. Cl. 114, 2006 U.S. Claims LEXIS 131, 2006 WL 1517339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telenor-satellite-services-inc-v-united-states-uscfc-2006.