Opinion

Heart & Core LLC

Court
Armed Services Board of Contract Appeals
Filed
Feb 1, 2023
Status
Published
On the bench
Melnick
Cited by
0 cases

The opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - )

)

Heart & Core LLC ) ASBCA No. 63403

)

Under Contract Nos. FA7000-18-D-0004 )

APPEARANCE FOR THE APPELLANT: Ms. Jen Swendseid

President

Minnetonka, MN

APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter, Esq.

Air Force Deputy Chief Trial Attorney

Isabelle P. Cutting, Esq.

Maj Alissa J. Schrider, USAF

Trial Attorneys

OPINION BY ADMINISTRATIVE JUDGE MELNICK DENYING APPELLANT’S

REQUEST FOR RECONSIDERATION

Appellant, Heart & Core LLC, has moved for reconsideration of the Board’s

January 11, 2023, decision denying the appeal. Heart & Core had elected to conduct

the appeal under the Board’s Rule 12.2, Small Claims (Expedited) procedure and the

parties agreed to brief the matter under Board Rule 11. A response from the

government is deemed unnecessary.

Heart & Core was awarded firm-fixed price contracts to provide, among other

things, comforters and bathrobes for the United States Air Force Academy and sought

price increases to account for unexpected cost increases. The Board denied the appeal

given the fixed price nature of the contracts.

“Reconsideration might be appropriate if the request ‘is based upon newly

discovered evidence, mistakes in the findings of fact, or errors of law.’” Green Valley

Co., ASBCA No. 61275, 18-1 BCA ¶ 37,044 at 180,330 (quoting Alliance Roofing &

Sheet Metal, Inc., ASBCA No. 59663, 15-1 BCA ¶ 36,063). However, reconsideration

is not an opportunity for a party to reargue its position. Id. Motions for reconsideration

are granted when we have made an oversight affecting the outcome of the appeal.

Kellogg Brown & Root Servs, Inc., ASBCA Nos. 57530, 58161, 19-1 BCA ¶ 37,321

at 181,535.

Heart & Core complains that the Board’s decision did not adequately address a

reference in its Rule 11 reply brief to generalized government communications about

the impact of inflationary pressures upon small contractors and possible solutions that

might be mutually agreeable. Heart & Core is simply rearguing its case, which did not

establish contractual entitlement to recovery. It has not persuaded us that we have

made an oversight that affects the outcome of the appeal. Accordingly, the motion for

reconsideration is denied.

Dated: February 1, 2023

MARK A. MELNICK

Administrative Judge

Armed Services Board

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. 63403, Appeal of Heart &

Core LLC, rendered in conformance with the Board’s Charter.

Dated: February 1, 2023

PAULLA K. GATES-LEWIS

Recorder, Armed Services

Board of Contract Appeals

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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