CBCA 2158

Macrosystems

Dec 6, 2010Judge McCannGENERAL SERVICES ADMINISTRATION
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
Macrosystems
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
McCann
Case number
CBCA 2158
Decided
Dec 6, 2010The decision states Dec 6, 2010 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 Martin Law Firm, P.L.L.C.
Outcome
Dismissed for lack of jurisdiction
The appeal is DISMISSED FOR LACK OF JURISDICTION.
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
Kenneth A. Martin
The Martin Law Firm, P.L.L.C.
McLean, VA
For the respondent
Jennifer L. Howard
Office of General Counsel, General Services Administration
Washington, DC
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, 1,721 characters, read from the Board's own documentDecided Dec 6, 2010 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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DISMISSED FOR LACK OF JURISDICTION: December 6, 2010

CBCA 2158

MACROSYSTEMS,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Kenneth A. Martin of The Martin Law Firm, P.L.L.C., McLean, VA, counsel for

Appellant.

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.

Jennifer L. Howard, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges BORWICK, GOODMAN, and McCANN.

McCANN, Board Judge.

Both parties have filed motions to dismiss on the grounds that this Board lacks jurisdiction over this matter because no claim has been filed and no final decision has been issued by the contracting officer. For this Board to have jurisdiction under the Contract Disputes Act, “[a]ll claims by a contractor against the government relating to a contracts shall be in writing and shall be submitted to the contracting officer for a decision.” 41 U.S.C. § 605(a) (2006).

On September 10, 2010, the contracting officer issued a modification to the contract, terminating the contract for the convenience of the Government. A termination for ___________________________________

_______________________________ __________________________________

2 CBCA 2158

convenience is not a final decision. Bonner v. Department of Homeland Security, CBCA 605, et al., 07-2 BCA ¶ 33,592. Subsequently, Macrosystems never filed a claim, seeking as a matter of right the payment of money in a sum certain. Accordingly, the contracting officer never issued a final decision. Without the filing of a claim and the issuance of a final decision, this Board lacks jurisdiction. Id.

Decision

The appeal is DISMISSED FOR LACK OF JURISDICTION. R. ANTHONY McCANN

Board Judge

We concur:

ANTHONY S. BORWICK

Board Judge

ALLAN H. GOODMAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Macrosystems, CBCA 2158. 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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