DENIED: May 18, 2017
CBCA 5748
CTA I, LLC,
Petitioner,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia and James Peterson of Manfredonia Law Offices, LLC,
Cresskill, NJ, counsel for Petitioner.
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.
Harold W. Askins III, Office of Regional Counsel, Department of Veterans Affairs, Charleston, SC, counsel for Respondent.
Before Board Judges GOODMAN, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
On May 15, 2017, CTA I, LLC (CTA) filed a petition under 41 U.S.C. § 7103(f)(4) (2012) and Board Rule 2(a)(2) (48 CFR 6101.2(a)(2) (2015)) for an order directing a contracting officer of the Department of Veterans Affairs (VA) to issue a decision on a pending claim “no later than June 1, 2017.” We have jurisdiction over the petition because CTA’s pending claim, which it attached to the petition, exceeds $100,000, was certified, and was submitted more than sixty days ago. See Hawk Contracting Group, LLC v. Department of Veterans Affairs, CBCA 5527, 16-1 BCA ¶ 36,572, at 178,118. We deny the petition.
CTA filed the petition seventeen calendar days, and twelve business days (given the Memorial Day holiday), before the date by which it seeks the contracting officer’s decision. The Board has no rules of procedure for such petitions, but Rule 8, governing motions, which we find closely analogous, generally allows an opposing party to respond “within 20 calendar days.” Rule 8(f). We could not, at this point, give VA a similarly reasonable amount of time to respond to the petition; receive CTA’s reply, if any; and then issue a panel decision in time for the contracting officer to act on it by June 1, if we granted the petition. CTA, which does not even request expedited review, identifies no emergency that demands action in seventeen (now fourteen) days. Its petition is thus unsupported on its face.
Decision
The petition is DENIED.
KYLE CHADWICK
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in CTA I, LLC, CBCA 5748. 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.