CBCA 6008

Westlake Farms, Inc.

Feb 21, 2018Judge ChadwickGENERAL SERVICES ADMINISTRATION
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
Westlake Farms, Inc.
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Chadwick
Case number
CBCA 6008
Decided
Feb 21, 2018The decision states Feb 21, 2018 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
DLA Piper LLP
Outcome
Dismissed for lack of jurisdiction
The appeal is DISMISSED FOR LACK OF JURISDICTION.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Jurisdiction and timeliness

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Appearances

For the appellant
Flavia Berys
DLA Piper LLP
East Palo Alto, CA
For the respondent
Catherine Crow
Office of General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,532 characters, read from the Board's own documentDecided Feb 21, 2018 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Contract Disputes Act1

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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.

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