214 Ct. Cl. 809 | Ct. Cl. | 1977
"This case is before the court on defendant’s motion for summary judgment, opposed by plaintiff which seeks a trial. Having considered the parties’ written submissions, the court, without oral argument, grants defendant’s motion.
"In August 1971, the United States Navy contracted with plaintiff to construct Academic Building No. 1 at the Naval War College in Newport, Rhode Island. Plaintiff says that,
We hold that plaintiff has failed to state a claim upon which relief can be granted. With respect to the alleged oral contract — assuming arguendo that an oral agreement could in any event be valid in this instance — plaintiff has not shown authority in Lieutenant Ward to contract for the services said to have been rendered. The Government has pointed out in detail that he was not so authorized,
Plaintiffs alternate claim for compensation under the Building No. 1 contract’s Value Engineering Incentive (VEI) clause must also be rejected. First, plaintiff did not appeal to the ASBCA on that ground, and thus has failed to exhaust its administrative remedies, as it should have if it wished to posit a claim on this contract clause. Second, the VEI clause refers only to work done under the specific contract in which the provision appears. It is undisputed that there were separate contracts for the two buildings, and that the present claim relates only to work connected with Building No. 2. Third, the VEI clause concerns money-saving suggestions initiated by the contractor and chan-nelled through government officials with authority to make an agreement for the value of the cost-saving proposals. Plaintiff asserts that the services performed were requested of it (rather than initiated by it) and, more important, does not aver or attempt to show that it submitted its proposals to the proper contracting officials or identified the proposals (at the time they were submitted) as being offered under the VEI clause of the Building No. 1 contract. In brief, the circumstances
"it is therefore ordered and concluded that defendant’s motion for summary judgment is granted and plaintiffs petition is dismissed.”
Defendant shows that Ward was three steps down the chain of command from an officer with authority to enter into the alleged contract.
Plaintiff says that Ward told it that, if it did not receive the contract for Building No. 2, compensation for its services on those plans 'would be processed, but no set figure was discussed’; the request for compensation was to be submitted to higher authority 'for their evaluation.’