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2021 PSBCA LEXIS 2

2021 PSBCA LEXIS 2

Postal Service Board of Contract Appeals

November 19, 2021

PSBCA Nos. 6784 and 6813

Opinion

OPINION OF THE BOARD

Weber Trucking, LLC had a contract to deliver mail for the Postal Service on four routes near Las Vegas, Nevada. Weber Trucking filed a claim seeking $ 92,861.47 and an unspecified additional amount because the contract included defective specifications. Weber Trucking then submitted a certified claim for $ 117,678.96, which the contracting officer denied. We dismiss the first claim for lack of jurisdiction and largely grant Weber Trucking's second claim.

FINDINGS OF FACT

Weber Trucking

1. Weber Trucking is owned and operated by Randy Weber, who has been operating mail delivery contracts for more than 40 years. He has held 15 contracts with the Postal Service over the years. Currently, his company operates contracts covering 24 routes. (RAF 26 at 227; Tr. 35, 490). 1 

2. Three postmasters, with whom Mr. Weber has worked over the years, commended his work ethic, work quality, and customer service (AAF 6 at 69).

3. Weber Trucking is a two-time winner of the Postal Service's Eagle Spirit Award. The first award was in 1996, and the most recent award was in 2017. It is the highest award given by the Postal Service to its exceptional contractors. (Tr. 35-36).

4. Over the years, Mr. Weber has bid on at least 50 different Postal Service contracts and is familiar with the risks (Tr. 42-43).

The Solicitation, Offer, Contract Award, and Performance Begins

5. On June 15, 2016, the Postal Service's Western Transportation Contract Management Team (TCMT or contracting office) issued Solicitation Number 980-345-16 for Highway Contract Route (HCR) 890A9. The contract was scheduled to begin on July 16, 2016, and end on March 31, 2022. (RAF 4 at 30; Tr. 49).

6. HCR 890A9 was a fixed-price mail delivery contract servicing the Westridge Station area, which is in Las Vegas, Nevada. The contract included four routes (or lines of travel), which are identified as Part A (also called H-305), Part B (also called H-311), Part C (also called H-312), and Part D (also called H-324). [*3]  (RAF 4 at 38-43, 71; RAF 28 at 473; Tr. 55-56).

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2021 PSBCA LEXIS 2 *

WEBER TRUCKING, LLC, Appellant, v. UNITED STATES POSTAL SERVICE, Respondent

CORE TERMS

Trucking, Postal, Route, contracting, costs, administrative official, specifications, mail, contractor, minutes, additional compensation, route survey, Senior, solicitation, volume, mileage, calculated, estimated, changes, delivery, parties, surveys, Notice, bid, deliver, superior knowledge, employees, travel, labor cost, argues