DISMISSED FOR LACK OF JURISDICTION: March 2, 2017
CBCA 5654
XCELERATED SUBSISTENCE SOLUTIONS,
Appellant,
v.
DEPARTMENT OF JUSTICE,
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.
A. Alan Weis, Managing Partner of Xcerlerated Subsistence Solutions, Hollywood,
FL, appearing for Appellant.
William Robinson and Nihar Vora, Office of General Counsel, Bureau of Prisons, Department of Justice, Washington, DC, counsel for Respondent.
Before Board Judges DRUMMOND, ZISCHKAU, and O’ROURKE.
DRUMMOND, Board Judge.
Appellant filed this appeal on February 17, 2017, from respondent’s decision to terminate a purchase order to supply certified religious foods. In its notice of appeal, appellant alleged that it is entitled to damages totaling $15,000.
During a telephonic conference on February 27, 2017, the parties agreed that the appeal is jurisdictionally deficient because no claim has been filed and no final decision has been issued by the contracting officer. A prerequisite to Board jurisdiction is a contracting officer’s final decision on a claim. Sharp Electronics Corp. v. McHugh, 707 F.3d 1367, 1371 (Fed. Cir. 2013). Without the filing of a claim and the issuance of a final decision (or the failure to issue such a decision within the prescribed period of time), this Board lacks jurisdiction. Energx, LLC v. Department of Energy, CBCA 3060, slip op. at 2 (January 25, 2017); Macrosystems v. General Services Administration, CBCA 2158, 11-1 BCA ¶ 34,622, at 170,618 (2010).
Decision
The appeal is DISMISSED FOR LACK OF JURISDICTION.
JEROME M. DRUMMOND
Board Judge
We Concur:
JONATHAN D. ZISCHKAU
Board Judge
KATHLEEN J. O’ROURKE
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Xcelerated Subsistence Solutions, CBCA 5654. 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.