DISMISSED FOR LACK OF JURISDICTION: February 6, 2018
CBCA 5995
APLIN LLC,
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.
David M. Paschane, CEO of Aplin LLC, Silver Spring, MD, appearing for Appellant. Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur, GA; and Donald C. Mobly, Office of General Counsel, Department of Veterans Affairs, Denver, CO, counsel for Respondent.
Before Board Judges SOMERS (Chair), VERGILIO, and SHERIDAN.
SHERIDAN, Board Judge.
Respondent, the Department of Veterans Affairs (VA), entered into technology contract VA777-16-P-0118 with appellant, Aplin LLC, in which disputes arose. On January 11, 2018, Aplin submitted an appeal which was docketed as CBCA 5995. On January 23, 2018, a conference call was conducted between the presiding judge, Dr. Paschane, and Mr. Deol in which various jurisdictional matters were discussed. Notably discussed was the lack of a certified claim. The parties submitted a joint stipulation on February 2, 2018, indicating: The Parties have reviewed the documents submitted to date and have jointly determined that Appellant did not file a proper claim pursuant to the Contract Disputes Act [, 41 U.S.C. §§ 7101-7109 (2012)]. Accordingly, the Contracting Officer’s Final Decisions on August 23, 2017 and October 17, 2017 were premature and are hereby withdrawn.
Decision
Based on the foregoing representations, the above-captioned appeal is DISMISSED FOR LACK OF JURISDICTION.
PATRICIA J. SHERIDAN
Board Judge
We concur:
JERI KAYLENE SOMERS
Board Judge
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Aplin LLC, CBCA 5995. 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.