CBCA 1044

Three Rivers Timber, Inc.

Apr 2, 2008Judge DanielsDEPARTMENT OF AGRICULTURE
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
Three Rivers Timber, Inc.
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Daniels
Case number
CBCA 1044
Decided
Apr 2, 2008The decision states Apr 2, 2008 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed for lack of jurisdiction
USDA's motion is granted.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Jurisdiction and timeliness

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Appearances

For the appellant
Mike Hanna
Three Rivers Timber, Inc.
Kamiah, ID
For the respondent
Heather R. Hinton-Taylor
Office of the General Counsel, Department of Agriculture
Ogden, UT
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 2,874 characters, read from the Board's own documentDecided Apr 2, 2008 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Cases cited

3 cases this decision cites, in the order it first names them. 3 of them open at a publisher.

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DISMISSED FOR LACK OF JURISDICTION: April 2, 2008

CBCA 1044

THREE RIVERS TIMBER, INC.,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Mike Hanna, Resource Manager of Three Rivers Timber, Inc., Kamiah, ID, appearing for Appellant.

Heather R. Hinton-Taylor, Office of the General Counsel, Department of Agriculture, Ogden, UT, counsel for Respondent.

Before Board Judges DANIELS (Chairman), GOODMAN, and DRUMMOND.

DANIELS, Board Judge.

Three Rivers Timber, Inc. (Three Rivers) claims reimbursement of costs it incurred for bonding premiums under a contract with the Department of Agriculture’s Forest Service (USDA). The contract is for land management activities and timber removal in the Payette National Forest. A USDA contracting officer denied the claim, and Three Rivers appealed his decision to the Board.

USDA, the respondent in this case, moves the Board to dismiss the appeal for lack of jurisdiction. The agency notes that the contractor received the contracting officer’s decision on October 15, 2007; the decision advised the contractor that it could appeal to the Board _________________________

_________________________ _________________________ 2 CBCA 1044

within the next ninety days; and the appeal was not filed until January 15, 2008. USDA maintains that because the Board has jurisdiction over only those appeals which are filed within ninety days of a contractor’s receipt of the subject contracting officer’s decision, and this appeal was filed on the ninety-second day after receipt, the Board does not have jurisdiction to consider the case. Three Rivers chose not to file a response to the motion, but did ask the Board to rule on the motion.

USDA’s motion is well taken.

The Contract Disputes Act of 1978, which governs the Board’s review of contracting officer decisions, requires that an appeal of such a decision be filed “[w]ithin ninety days from the date of receipt of [the] decision.” 41 U.S.C. § 606 (2000). This deadline for filing has been strictly construed by the Court of Appeals for the Federal Circuit because the authorization to make the filing is a waiver of sovereign immunity. A late filing divests the Board of jurisdiction to consider the case on its merits. Renda Marine, Inc. v. United States, 509 F.3d 1372, 1381 (Fed. Cir. 2007); D. L. Braughler Co. v. West, 127 F.3d 1476, 1480 (Fed. Cir. 1997); Cosmic Construction Co. v. United States, 697 F.2d 1389, 1390 (Fed. Cir. 1982); Robert T. Rafferty v. General Services Administration, CBCA 617, 07-1 BCA ¶ 33,577, at 166,340. Because Three Rivers did not file its appeal until after the ninetieth day from its receipt of the decision in question, we do not have jurisdiction to consider the appeal.

Decision

USDA’s motion is granted. The case is DISMISSED FOR LACK OF

Jurisdiction.

STEPHEN M. DANIELS

Board Judge

We concur:

ALLAN H. GOODMAN

Board Judge

JEROME M. DRUMMOND

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Three Rivers Timber, Inc., CBCA 1044. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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