DISMISSED FOR LACK OF JURISDICTION: January 6, 2011
CBCA 2176
MATTRESS MAKERS, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Karla Kane of Kane Law PLLC, Pasco, WA, 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.
Kathleen K. Barksdale, Office of Regional Counsel, General Services Administration, Philadelphia, PA counsel for Respondent.
Before Board Judges BORWICK, GOODMAN, and DRUMMOND.
BORWICK, Board Judge.
We dismiss this case for lack of jurisdiction because it was filed more than ninety days after appellant received the contracting officer’s decision which is the subject of this appeal.
Background
Respondent moves to dismiss this appeal because the appeal was filed more than ninety days after receipt of the contracting officer’s decision. Appellant agrees with respondent’s motion. Appellant acknowledges that it received the contracting officer’s decision on June 9, 2010, and filed the appeal on October 5, 2010, 118 days later. The Contract Disputes Act provides:
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2 CBCA 2176
Within ninety days from the date of receipt of a contracting officer’s decision under section 605 of this title, the contractor may appeal such decision to an agency board of contract appeals, as provided in section 607 [codified at 41 U.S.C. § 608] of this title.
41 U.S.C. § 606 (2006). The ninety day period for filing appeals at boards of contract appeals is jurisdictional and may not be waived. Cosmic Construction Co. v. United States, 697 F.2d 1389, 1390 (Fed. Cir. 1982); Charles T. Owen v. Agency for International Development, CBCA 694, 07-2 BCA ¶ 33,638, at 166,588. Consequently, this appeal must be dismissed.
Decision
This appeal is DISMISSED FOR LACK OF JURISDICTION.
ANTHONY S. BORWICK
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Mattress Makers, Inc., CBCA 2176. 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.