DISMISSED FOR LACK OF JURISDICTION: February 21, 2018
CBCA 6008
WESTLAKE FARMS, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Flavia Berys of DLA Piper LLP, East Palo Alto, CA, counsel for Appellant.
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.
Catherine Crow, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS (Chair), ZISCHKAU, and CHADWICK.
CHADWICK, Board Judge.
Westlake Farms, Inc. filed a notice of appeal on January 24, 2018, from a contracting officer’s decision dated ninety-nine days earlier, October 17, 2017. The decision denied a claim by Westlake Farms for payments under a lease totaling, as far as we can tell, less than $100,000. We ordered Westlake Farms to show cause why we should not dismiss its appeal as untimely under 41 U.S.C. § 7104(a) (2012) (permitting appeal to the Board “within 90 days from the date of receipt of a contracting officer’s decision”). Westlake Farms did not respond, even after we extended the time to do so. Because it appears from the record before us that Westlake Farms received the contracting officer’s decision more than ninety days before it filed the appeal, we conclude that we lack jurisdiction to proceed. See DekaTron Corp. v. Department of Labor, CBCA 4444, 15-1 BCA ¶ 36,045, at 176,059.
Decision
The appeal is DISMISSED FOR LACK OF JURISDICTION.
KYLE CHADWICK
Board Judge
We concur:
JERI KAYLENE SOMERS
Board Judge
JONATHAN D. ZISCHKAU
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Westlake Farms, Inc., CBCA 6008. 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.