United Food Services, Inc. v. United States

36 Cont. Cas. Fed. 75,814, 19 Cl. Ct. 539, 1990 U.S. Claims LEXIS 66, 1990 WL 15928
CourtUnited States Court of Claims
DecidedFebruary 22, 1990
DocketNo. 49-88 C
StatusPublished
Cited by3 cases

This text of 36 Cont. Cas. Fed. 75,814 (United Food Services, 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
United Food Services, Inc. v. United States, 36 Cont. Cas. Fed. 75,814, 19 Cl. Ct. 539, 1990 U.S. Claims LEXIS 66, 1990 WL 15928 (cc 1990).

Opinion

OPINION

RADER, Judge.

On December 21, 1981, plaintiff, United Food Services, Inc. (United Food) entered into a contract with the United States Army (the Army). Plaintiff contracted to provide dining facility attendant services at Fort Bliss, Texas, and at the McGregor, Oro Grande, and Dona Ana Ranges in New Mexico. Plaintiff seeks costs for alleged extra-contractual services.

Both parties moved for summary judgment. After oral argument, this court grants defendant’s motion.

FACTS

United Food promised to provide the Army with dining facility attendant services from January 1, 1982 through June SO, 1986. Plaintiff and the Army executed a fixed-price requirements contract, not a man-hour contract. The contract contained an option clause that allowed annual renewal. Each year the parties extended the contract by signing a modification agreement. The renewal agreements stated:

Except as provided herein, all other terms and conditions remain unchanged and in full force and effect.

Plaintiff’s Brief, filed Feb. 21,1989, Appendix (PLApp.), at 237, 239. The contract outlined in detail the scope of services provided by United Food.

During performance, plaintiff complained that the Army demanded services not covered by the contract. On March 12, 1984, plaintiff formally wrote to raise these disputes. The parties did not resolve these disputes. Nonetheless, United Food renewed the contract each year. In July 1986, plaintiff submitted ongoing disagreements to the contracting officer as certified claims.

On January 23, 1987, the contracting officer denied four of plaintiff’s claims. Plaintiff appealed to the United States Claims Court. The parties now agree that this court can dispose of three of these claims — the resupply of beverages, the cleaning of mermite cans, and the additional work required by Government inspection practices — through summary judgment.1 [541]*541Plaintiff asserts that material facts remain in dispute regarding the additional serving line in Building 11142.

The contract described plaintiffs duties in some detail. Sections C and E of the contract explicitly set forth performance and inspection requirements. Section C— entitled “Description/Specifications” — listed the work United Food contracted to perform. Section E — “Inspection and Acceptance” — explained the standards for inspection and included a daily evaluation checklist.

The contract also contained an Order of Precedence clause to resolve any inconsistencies in the contract. The Order of Precedence stated:

In the event of an inconsistency between provisions of this solicitation, the inconsistency shall be resolved by giving precedence in the following order: (a) The Schedule (excluding Specifications); (b) Terms and Conditions of the solicitation, if any; (c) General Provisions; (d) other provisions of the contract, when attached or incorporated by reference; and (e) the Specifications.

PLApp., Section L, at 131, 11C.

Beverage Resupply

Section C-5 required plaintiff to supply “the following tasks which are typical but not inclusive.” Under the heading “food serving,” the contract stated:

To be performed in accordance with Chapter 14, FM 10-25. Includes pre-service setup and resupply of serving line; carrying food, bulk milk and beverage syrup from storage areas to dispensing equipment; provide ‘line-servers’ to serve food ... and removal of leftover foods from the serving line.

Defendant’s Brief, Appendix, filed Jan. 19, 1989 (Def.App.), at 6, 11 C-5(a)(l). Paragraph C-5 also required “preliminary preparation of ... beverages” by plaintiff’s food service personnel. The contract described this duty as follows:

Beverages: Loads, refills, and unloads beverage dispensers to include milk machines, carbonated beverage dispensers, ice tea dispensers, and other noncarbonated beverage dispensers.

Def.App., at 6, ¶ C-5(a)(3)(b).

Paragraph C-14 set forth the work requirements for dining facilities. This paragraph required plaintiff to “[transport all food from production or storage areas” to the serving lines for the lunch and dinner meals. Id. at H C-14a(l)(a)l. Sub-part 2 required plaintiff to “[l]oad beverage dispensers.”

The contract further provided that.after meals “all foods and beverages (except milk) will be removed from serving and dispensing areas” by plaintiff. Id. at 11 C-14a(2). The inspection checklist in Section E of the contract contained a line item about resupply of beverages. Using this form, the Army monitored plaintiff’s beverage supply performance. In the section relating to food service, the checklist had three categories: satisfactory, unsatisfactory, and unsatisfactory corrected.

According to plaintiff, “[t]he issue of beverage resupply” and other differences on contract interpretation “arose shortly after commencement of contract performance on January 1, 1982.” Pl.App., at 8. After more than two years of performance, plaintiff made its first formal complaint. In a letter dated March 12, 1984, plaintiff first questioned the “[Replenishment of beverages during meal service.” Plaintiff continued to resupply beverages during meals for the duration of the renewable contract.

Cleaning Mermite Cans

Mermite cans are food containers which keep food warm during transportation from a dining facility to troops in the field. In the letter of March 12, 1984, plaintiff argued that its duties did not include the cleaning of mermite cans for regular Army units. The Army contends the contract required plaintiff to clean mermite cans for both regular Army and Army reserve units.

The contract paragraph entitled “Field Feeding” provided:

a. [U]pon order, contractor shall perform post cleaning of eating utensils and compartmented trays, etc., when re[542]*542turned to the dining facility by Government personnel, provided such equipment/utensils are returned approximately one hour prior to the time contractor personnel complete work requirements for the day.

Pl.App., at 109, ¶ C-10(a). This paragraph covered cleaning of regular Army equipment returned to the post. The contract also explicitly required plaintiff to clean field equipment for Army reserve units:

b. [F]or US Army Reserve Units ... civilian dining facility attendants ... may be required to clean field equipment, e.g., field range outfit and accessories, insulated food containers, and immersion heaters.

Pl.App., at 109, II C-10(b).

The delivery and performance section of the contract also mentioned cleaning of feeding utensils:

Gleaning of field feeding utensils, when such equipment is returned after the ... hours of operation, plus utensils used by night bakers, shall be accomplished the following day.

Pl.App., at 128-29, H F-3(b). This section (F) does not distinguish between equipment used by regular Army and reserve Army units.

The Army’s inspection checklist devoted a section to the cleaning of field feeding equipment. Item 26 required plaintiff to:

Thoroughly clean components of preparation and serving equipment used in field feeding.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miller Elevator Co. v. United States
39 Cont. Cas. Fed. 76,635 (Federal Claims, 1994)
Buffalo National Bank v. United States
26 Cl. Ct. 1436 (Court of Claims, 1992)
E.I. Du Pont De Nemours & Co. v. United States
37 Cont. Cas. Fed. 76,242 (Court of Claims, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
36 Cont. Cas. Fed. 75,814, 19 Cl. Ct. 539, 1990 U.S. Claims LEXIS 66, 1990 WL 15928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-food-services-inc-v-united-states-cc-1990.