DISMISSED FOR LACK OF JURISDICTION: March 31, 2020
CBCA 6033
TERACORE, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Timothy A. Furin of Ward & Berry, PLLC, Washington, DC, 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.
Melissa D. McClellan, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent.
Before Judges VERGILIO, RUSSELL, and CHADWICK.
RUSSELL, Board Judge.
Appellant has moved to dismiss this appeal without prejudice. In its motion, appellant conceded that the Board lacks jurisdiction over the appeal because a properly certified claim was never submitted to the contracting officer for consideration. Appellant explained that, if its motion is granted, it intends to submit a properly certified claim to the contracting officer requesting a final decision.
Pursuant to Board Rule 12(b)(2), a motion for dismissal without prejudice must be made jointly. 48 CFR 6101.12(b)(2) (2019).
Decision
For the Board to have jurisdiction, appellant was required to present a properly certified claim to the contracting officer before filing this appeal. See 41 U.S.C. § 7103(b) (2018). As there was no proper claim presented to the contracting officer, this appeal is DISMISSED FOR LACK OF JURISDICTION.
Beverly M. Russell
Board Judge
We concur:
Joseph A. Vergilio
Board Judge
Kyle E. Chadwick
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Teracore, Inc., CBCA 6033. 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.