DISMISSED: March 5, 2009
CBCA 1448
PIXL, INC.,
Appellant,
v.
DEPARTMENT OF THE TREASURY,
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.
Ajay Sagar, Vice President of PIXL, Inc., Fairfax, VA, appearing for Appellant.
Lori R. Larson and John T. Kirsch, Office of Chief Counsel, Internal Revenue Service, Department of the Treasury, Washington, DC, counsel for Respondent.
BORWICK, Board Judge.
Order
On December 15, 2008, appellant filed an appeal in the amount of $297,282.36, alleging that appellant had not been paid on certain invoices. On February 17, 2009, respondent submitted a motion to dismiss the appeal for lack of jurisdiction, correctly noting that appellant had not filed a certified claim with the contracting officer and that if the e-mail correspondence between the parties resulting in the appeal was to be considered a claim, that correspondence was not certified. Of course, submission of a written certified claim to the contracting officer where the amount of the claim is greater than $100,000 is a jurisdictional prerequisite to an appeal at this Board. 41 U.S.C. § 605(a), (c)(1) (2006); Newport News Shipbuilding & Dry Dock Co. v. Garrett, 6 F.3d 1547, 1552-53 (Fed. Cir. 1993).
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2 CBCA 1448
On February 19, 2009, the Board held a conference on this matter during which appellant agreed to submit a written certified claim to the contracting officer and to pursue the legal remedies stated in the resulting contracting officer’s decision on the claim. Appellant also agreed to respond to the motion to dismiss by withdrawing this appeal.
On March 4, 2009, appellant, conceding the merits of respondent’s motion, moved to withdraw its appeal. Respondent does not object. Pursuant to the motion of appellant and Rule 12(c), this appeal is DISMISSED.
ANTHONY S. BORWICK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Pixl, Inc., CBCA 1448. 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.