DISMISSAL FOR LACK OF JURISDICTION: December 12, 2017
CBCA 5935
SBC ARCHWAY HELENA, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Diana Parks Curran and Hadeel Masseoud of the Curran Legal Services Group, Inc., Johns Creek, GA, counsel for Appellant.
Joseph W. Cooch, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, SULLIVAN and O’ROURKE.
When ordered to show cause why this appeal should not be dismissed for lack of jurisdiction, SBC Archway Helena, LLC (SBC or appellant) provided no cause or argument. Instead, SBC requested a voluntary dismissal of the appeal without prejudice and noted that it preserved its right to file an appeal “after either the contracting officer has issued its decision or sixty (60) days have passed since the date the certified claim was submitted for decision on November 6, 2017 without notice from the contracting officer of the time within which the decision will be issued.” The respondent consented to SBC’s request.
SBC submitted to the General Services Administration (GSA) contracting officer a certified claim on November 6, 2017. On November 17, 2017, SBC appealed from the alleged deemed denial of the claim. However, [o]nce a proper claim is submitted, the contractor cannot appeal until either the contracting officer has issued a decision on the claim or the statutory time for the contracting officer to issue such a decision, as set forth in 41 U.S.C. § 7103(f), has expired. Primestar Construction v. Department of Homeland Security, CBCA 5510, 17-1 BCA ¶ 36,612, at 178,330. These requirements are jurisdictional prerequisites to any appeal under the CDA [Contract Disputes Act]. M. Maropakis Carpentry, Inc. v. United States, 609 F.3d 1323, 1329 (Fed. Cir. 2010).
Foxy Construction, LLC v. Department of Agriculture, CBCA 5632, 17-1 BCA ¶ 36,687.
The statutory sixty days for the contracting officer to issue a decision on the claim had not expired before appellant filed its appeal. Thus, we lack jurisdiction. Id.
Accordingly, the appeal is DISMISSED FOR LACK OF JURISDICTION.
_____________________
ERICA S. BEARDSLEY
Board Judge
We concur:
MARIAN E. SULLIVAN
Board Judge
KATHLEEN J. O’ROURKE
Board Judge
This is a verbatim capture of the text layer of the Board's own document in SBC Archway Helena, LLC, CBCA 5935. 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.