DISMISSED: July 28, 2011
CBCA 2025
CERES CARIBE, 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.
Karl Dix, Jr. of Smith, Currie & Hancock, LLP, Atlanta, GA, counsel for Appellant. Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent.
POLLACK, Board Judge.
Order
This appeal was from a final decision dated March 12, 2010, wherein the contracting officer (CO) addressed matters contained in a proposal from Ceres Caribe (Caribe). Soon after, it became apparent that the final decision was defective in that it was not in response to a formal claim submitted by Caribe. Appellant filed a motion to dismiss, challenging the Board’s jurisdiction; noting that it was forced to file its appeal as a protective measure; and asserting that while it had claims under the contract, the claims had not been submitted to the CO. After discussion, both parties agreed that appellant would present its claim to the CO and the CO would issue a new final decision on that claim. Once that was accomplished, the instant appeal would be dismissed.
_______________________________________
2 CBCA 2025
On January 28, 2011, the CO issued a final decision in response to appellant’s claim.
That matter was then appealed on March 17, 2011, and docketed as CBCA 2347. By order of June 3, 2011, the Board confirmed to the parties that, as the new appeal had been filed, the Board would dismiss CBCA 2025 and incorporate all documents filed in conjunction with that appeal into CBCA 2347.
Accordingly, CBCA 2025 is DISMISSED.
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Ceres Caribe, Inc., CBCA 2025. 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.