DISMISSED WITHOUT PREJUDICE: January 17, 2017
CBCA 5594
OLYMPUS AMERICA INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Rebecca J. Price of Norris, McLaughlin & Marcus, P.A., Allentown, PA, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur, GA, counsel for Respondent.
CHADWICK, Board Judge.
Order
Olympus America Inc. submitted to the Department of Veterans Affairs contracting officer a letter styled as a “certified claim.” The letter sought an outstanding contract balance of $125,075.37, but was not certified. Olympus America later appealed from the ostensible deemed denial of the claim. However, an uncertified demand for more than $100,000 “is not a claim.” 48 CFR 2.101 (2016). Absent a decision on a claim, we lack jurisdiction. 41 U.S.C. § 7104(a) (2012); Stobil Enterprise v. Department of Veterans Affairs, CBCA 5246, 16-1 BCA ¶ 36,478, at 177,740, motion for reconsideration denied (Nov. 10, 2016). When ordered to show cause why this appeal should not be dismissed for lack of jurisdiction, Olympus America moved to “withdraw” the appeal without prejudice. Accordingly, the appeal is DISMISSED WITHOUT PREJUDICE.
___________________________
KYLE CHADWICK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Olympus America Inc., CBCA 5594. 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.