DISMISSED: December 18, 2008
CBCA 1400
ELECTRONIC DATA SYSTEMS, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Daniel R. Forman and Puja Satiani, Crowell & Moring LLP, Washington, DC, counsel for Appellant.
Nathan C. Guerrero, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
Order
On November 28, 2008, the respondent filed with the Board a motion to dismiss, representing that the Board did not have jurisdiction over this appeal because Electronic Data Systems, LLC (EDS) “[had] not submitted a certified claim based upon a sum certain [and] any purported final decision by the contracting officer is of no legal effect.”
In a conference call conducted on December 4, 2008, among the undersigned; Daniel R. Forman, Esq., appellant’s counsel; and Nathan C. Guerrero, Esq., respondent’s counsel, the parties jointly requested that this appeal be dismissed without prejudice.
As reason for the joint request respondent acknowledged that at the time of appeal a
2 CBCA 1400
certified claim had not been filed with the contracting officer, however, it had received some correspondence from the contracting officer that contained language that led the appellant to believe that it needed to file an appeal to protect its rights to appeal. The parties agree that this appeal is premature because it does not arise out of a claim.
In the December 4 conference call, the parties represented that a proper certified claim has now been presented to the contracting officer, that they are discussing the claim, and that the contracting officer will issue a final decision if they are unable to resolve the claim. Accordingly, this appeal is DISMISSED.
PATRICIA J. SHERIDAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Electronic Data Systems, LLC, CBCA 1400. 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.