Frontline Support Solutions, LLC

Summary

The Armed Services Board of Contract Appeals denied Frontline Support Solutions, LLC’s motion for reconsideration of its prior dismissal for lack of jurisdiction based on the absence of contractual privity with the government. The Board held that Frontline had not shown a material error or newly discovered evidence and that its implied-in-fact contract theory constituted a new claim not previously presented to the contracting officer.

Holdings

1. Reconsideration was unwarranted because Frontline identified no mistake of fact or law, failure to consider an appropriate matter, or newly discovered evidence, and the evidence on which it relied had been submitted before the original decision.
2. Frontline's implied-in-fact contract theory was a new claim because it relied on a new set of operative facts not included in the original claim and had not been presented to the contracting officer; the Board therefore lacked jurisdiction over it.
3. The Board lacked jurisdiction over Frontline's complaints concerning the agency's handling of FOIA requests because its jurisdiction does not extend to agency FOIA actions.

Questions Presented

1. Whether Frontline demonstrated a compelling reason, material error, or newly discovered evidence warranting reconsideration of the Board's prior jurisdictional dismissal.
2. Whether Frontline's newly asserted implied-in-fact contract theory constituted a new claim that had to be presented to the contracting officer before the Board could exercise jurisdiction.
3. Whether the Board had jurisdiction over Frontline's allegations concerning the government's handling of FOIA requests.

Disposition

other