West Coast General Corp. v. United States

36 Cont. Cas. Fed. 75,773, 19 Cl. Ct. 98, 1989 U.S. Claims LEXIS 275, 1989 WL 153084
CourtUnited States Court of Claims
DecidedDecember 18, 1989
DocketNo. 354-88C
StatusPublished
Cited by11 cases

This text of 36 Cont. Cas. Fed. 75,773 (West Coast General Corp. 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
West Coast General Corp. v. United States, 36 Cont. Cas. Fed. 75,773, 19 Cl. Ct. 98, 1989 U.S. Claims LEXIS 275, 1989 WL 153084 (cc 1989).

Opinion

OPINION

MARGOLIS, Judge.

The plaintiff in this direct access action is a contractor who seeks an equitable adjustment under the Contract Disputes Act of 1978 (CDA or Act), 41 U.S.C. § 601 et seq., in the amount of $209,952. Plaintiff alleges that the defendant United States required it to perform work which was not required by the contract. Defendant has moved to dismiss on the ground that this court lacks jurisdiction because plaintiff failed to submit a proper claim to the contracting officer as required by the CDA. After considering the entire record and after oral argument, this court finds that the plaintiff failed to comply with the mandatory requirements of the Contract Disputes Act. Because this court lacks subject matter jurisdiction, the defendant’s motion to dismiss is granted.

FACTS

On August 19, 1986, the Western Division of the Naval Facilities Engineering Command, Department of the Navy (Navy), issued an invitation for bids for the construction of a phase of the Landing Craft Air Cushion Complex at the Marine Corps Base, Camp Pendleton, California. The solicitation was amended twice. The second amendment, among other things, directed [99]*99that drawing “P-03,” entitled “G.S.E. Shed, Fuel Farm & Wash Rack Paving Plans,” be deleted from one of the indices of drawings to the solicitation.

On November 6,1986, the Navy awarded Contract No. N62474-83-C-2729 to the plaintiff, West Coast General Corporation (West Coast). In letters addressed to the Resident Officer in Charge of Construction (ROICC), dated January 30, 1987 and February 6, 1987, West Coast alleged that the pre-award amendment to the solicitation deleted the requirement for paving around the G.S.E. Shed and Fuel Farm. Plaintiff further noted that it had not included that work in its cost estimate when submitting its bid. The ROICC responded to both of these letters by disagreeing with plaintiff as to the effect of the amendment, and directing plaintiff to complete all of the paving.

On February 27, 1987, plaintiff sent the ROICC a letter reiterating its view of the contract, setting forth its estimate of the cost of the disputed work, and requesting a change order. That letter also asked the ROICC to “[p]lease advise us as to whether procedures should be initiated to submit this matter to claims or if other steps can be taken.” In response, the ROICC sent a letter dated March 9, 1987, in which he again disagreed and ordered West Coast to proceed with the paving. That letter suggested that recourse was available under the Disputes clause contained in FAR 52.-233-1.

On March 27, 1987, West Coast submitted an Estimate For Change Order, indicating that the change order was being submitted under the FAR Disputes clause. The contractor submitted a claim certification in support of the request. On April 16, 1987, the ROICC asked the plaintiff to submit a Contract Pricing Proposal Cover Sheet and a Truth in Negotiations statement, both of which West Coast completed and returned to the ROICC on April 21, 1987.

On April 22, 1987, the ROICC sent a letter which eliminated part, but not all, of the work in dispute. That letter indicated that the plaintiff’s “claim package ... has been forwarded to Western Division Naval Facilities Engineering Command for a Contracting Officer’s final decision.” On May 4,1987, in response to the deletion of some of the work, plaintiff submitted a revised Estimate For Change Order in the amount of $175,471. That change order was not separately certified.

On June 17, 1987, the contracting officer issued Final Decision WD 49-87, denying plaintiff’s claim in its entirety. That decision informed the plaintiff of its right of appeal either to the Armed Services Board of Contract Appeals (ASBCA) or to the United States Claims Court. On June .16, 1988, plaintiff filed the instant action against the United States, acting through the Department of the Navy, to recover an equitable adjustment for the work performed under protest.

Defendant alleges that West Coast’s claim was defective in four respects: it was not submitted directly to the contracting officer; it did not assert any specific rights or basis for the specific monetary relief; it did not request a final decision; and the claim was not properly certified. Defendant’s theory is that the plaintiff failed to submit a proper claim, and therefore the contracting officer’s decision was not a final decision upon which this court’s jurisdiction could be based. Plaintiff claims that its submission met all criteria and was a proper claim.

DISCUSSION

The Contract Disputes Act requires that “[a]ll claims by a contractor against the government relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision.” 41 U.S.C. § 605(a). The contractor’s claim submission under the Act is a mandatory prerequisite to Claims Court jurisdiction. Gardner Machinery Corp. v. United States, 14 Cl.Ct. 286, 290 (1988). There are four basic elements contained in the language of the subsection: 1) there must be a claim; 2) it must be in writing; 3) it must be sent to the contracting officer; and 4) it must request a final decision.

[100]*100This court has consistently held that the contracting officer’s final decision is the “linchpin” for appealing claims under the Contract Disputes Act. Paragon Energy Corp. v. United States, 227 Ct.Cl. 176, 177, 645 F.2d 966, 967 (1981). The contracting officer cannot issue a valid final decision without first receiving a properly submitted claim. 227 Ct.Cl. at 184, 645 F.2d at 971; T.J.D. Services, Inc. v. United States, 6 Cl.Ct. 257, 262 (1984).

The Disputes clause incorporated into the contract in this case states in pertinent part:

52.233-1 Disputes
(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract____
(d) (1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision.

(Emphasis supplied.)

No particular language is required to create a “claim.” All that is required is that the contractor submit in writing to the contracting officer a clear and unequivocal statement that gives the contracting officer adequate notice of the basis and amount of the claim. Contract Cleaning Maintenance, Inc. v. United States, 811 F.2d 586, 592 (Fed.Cir.1987) (emphasis supplied). Factors to be considered are whether the contractor asserted specific rights, requested specific relief, and requested that the contracting officer render a final decision. See Tecom, Inc. v. United States, 732 F.2d 935, 936 (Fed.Cir.1984); Z.A.N. Co. v. United States, 6 Cl.Ct. 298, 304 (1984).

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Bluebook (online)
36 Cont. Cas. Fed. 75,773, 19 Cl. Ct. 98, 1989 U.S. Claims LEXIS 275, 1989 WL 153084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-coast-general-corp-v-united-states-cc-1989.