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.