CBCA 3126

R&G Food Services, INC. d/b/a Port-A-Pit Catering

Apr 22, 2013Judge BorwickDEPARTMENT OF AGRICULTURE
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
R&G Food Services, INC. d/b/a Port-A-Pit Catering
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Borwick
Case number
CBCA 3126
Decided
Apr 22, 2013The decision states Apr 22, 2013 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 decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed for lack of jurisdiction
This 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
John Lukjanowicz
Seattle, WA
For the respondent
Antonio T. Robinson
Office of the General Counsel, Department of Agriculture
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, 1,940 characters, read from the Board's own documentDecided Apr 22, 2013 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Federal Acquisition Regulation1

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Cases cited

2 cases this decision cites, in the order it first names them. 2 of them open at a publisher.

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DISMISSED: April 22, 2013

CBCA 3126

R&G FOOD SERVICES, INC. d/b/a PORT-A-PIT CATERING,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

Respondent.

John Lukjanowicz of the Law Offices of John Lukjanowicz, PC, Seattle, 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.

Antonio T. Robinson, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent.

Before Board Judges BORWICK, McCANN, and GOODMAN.

BORWICK, Board Judge.

Respondent has filed a motion to dismiss for lack of jurisdiction because the certified claim did not contain a “sum certain.” The appellant does not oppose respondent’s motion. We have reviewed the record and agree with the parties. Because the appeal is jurisdictionally deficient, the appeal must be dismissed for lack of jurisdiction.

Background

In this appeal, the certified claim sought a sum “not less than $535,039.66.” Appeal File, Exhibit 9. Under the Contract Disputes Act (CDA) and its implementing regulations, a claim submitted to the contracting officer for the payment of money must be in a sum certain. 41 U.S.C. § 7103(a)(2) (Supp. IV 2011); 48 CFR 2.101 and 52.233-1(c)(2012); Essex Electro Engineers, Inc. v. United States, 960 F.2d 1576, 1581-82 (Fed. Cir. 1992). A claim seeking “not less than” a stated sum is not a claim for a sum certain. See Atlantic Industries, Inc, ASBCA 34,832, 88-1 BCA ¶ 20,244, at 102,472 (1987); Sandoval Plumbing Repair, ASBCA 54640, 05-2 BCA ¶ 33,072 at 163,933. A prerequisite to Board jurisdiction is a contracting officer’s decision on a claim. Sharp Electronics Corp. v. McHugh, 707 F.3d 1367, 1371 (Fed. Cir. 2013). Since there was not a proper CDA claim decided by the contracting officer, the Board lacks jurisdiction.

Decision

This appeal is DISMISSED for lack of jurisdiction. ________________________________ ANTHONY S. BORWICK

Board Judge

We concur:

R. ANTHONY McCANN

Board Judge

ALLAN H. GOODMAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in R&G Food Services, INC. d/b/a Port-A-Pit Catering, CBCA 3126. 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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