DISMISSED FOR LACK OF JURISDICTION: December 1, 2011
CBCA 2571
ENDLESS GUTTER & SHEET METAL CO.,
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.
John B. Begovich, President of Endless Gutter and Sheet Metal Co., Wildwood, NJ, appearing for Appellant.
John M. Vandlik, Office of the General Counsel, Department of Agriculture, Milwaukee, WI, counsel for Respondent.
Before Board Judges POLLACK, SHERIDAN, and KULLBERG.
POLLACK, Board Judge.
On September 26, 2011, the Board docketed an appeal from Endless Gutter & Sheet Metal Company (appellant), arising out of a contract with the Department of Agriculture (Agriculture). The letter of appeal, dated September 23, 2011, was addressed to the Armed Services Board of Contract Appeals, which upon receipt forwarded the appeal letter to this Board.
A review of the filing revealed that the appeal letter was in response to Agriculture’s June 28, 2011, denial of a claim from appellant for $4938. The referenced denial, however, was not a final decision and was issued by the Project Contracting Officer Representative. ____________________________________
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2 CBCA 2571
On November 15, 2011, the Board conducted a telephone conference with the principal for appellant and with Government counsel. The Board advised appellant at that time that due to the absence of a demand for and a final decision, the Board lacked jurisdiction over the docketed appeal and would be dismissing the action on that basis. Appellant was advised that if he intended to pursue the claim then he needed to first seek a final decision from the contracting officer, which if denied, he could then appeal. Accordingly, the action is DISMISSED FOR LACK OF JURISDICTION.
HOWARD A. POLLACK
Board Judge
We concur:
PATRICIA J. SHERIDAN
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Endless Gutter & Sheet Metal Co., CBCA 2571. 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.