CBCA 2617

Optimum Services, Inc.

Jun 4, 2012Judge SheridanDEPARTMENT OF THE INTERIOR
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
Optimum Services, Inc.
Respondent agency
DEPARTMENT OF THE INTERIOR
Judge
Sheridan
Case number
CBCA 2617
Decided
Jun 4, 2012The decision states Jun 4, 2012 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 Copeland Law Firm, LLC
Outcome
Dismissed for lack of jurisdiction
The motion is granted and the case is DISMISSED.
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 timelinessTermination for convenience

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions. They are ordered strongest first.

Appearances

For the appellant
James W. Copeland
The Copeland Law Firm, LLC
Atlanta, GA
For the respondent
Emily E. Parkhurst
Office of the Solicitor, Department of the Interior
Lakewood, CO
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, 1,305 characters, read from the Board's own documentDecided Jun 4, 2012 on its own faceRespondent DEPARTMENT OF THE INTERIOR Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Contract Disputes Act1

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DISMISSED: June 4, 2012

CBCA 2617

OPTIMUM SERVICES, INC.,

Appellant,

v.

DEPARTMENT OF THE INTERIOR,

Respondent.

James W. Copeland of The Copeland Law Firm, LLC, Atlanta, GA, 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.

Emily E. Parkhurst, Office of the Solicitor, Department of the Interior, Lakewood, CO, counsel for Respondent.

SHERIDAN, Board Judge.

Order

This appeal involves costs associated with a termination for convenience issued by the respondent, Department of the Interior, National Parks Service, on contract C2000091200 awarded to appellant, Optimum Services, Inc. (OSI).

During a telephone conference conducted on May 21, 2012, in which various jurisdictional aspects of the case were discussed, Judge Sheridan opined that appellant’s “claim” was not a properly certified claim as required by the Contract Disputes Act (CDA), 41 U.S.C.A. § 7103 (West Supp. 2011). She also noted that the “retroactive certification” contained in OSI’s September 27, 2011, letter did not correct OSI’s original failure to certify

2 CBCA 2617

its claim. Gulf Shores, LLC v. Department of Homeland Security, DOTBCA 4530, 06-2 BCA ¶ 33,384.

The parties have submitted a joint motion to withdraw this appeal so that the jurisdictional defects may be corrected. The motion is granted and the case is DISMISSED. PATRICIA J. SHERIDAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Optimum Services, Inc., CBCA 2617. 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.

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