CBCA 6064

Hill-Rom Company, Inc.

Mar 27, 2018Judge BeardsleyDEPARTMENT OF HEALTH AND HUMAN SERVICES
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
Hill-Rom Company, Inc.
Respondent agency
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Judge
Beardsley
Case number
CBCA 6064
Decided
Mar 27, 2018The decision states Mar 28, 2018 on its own face, which is not the date the listing gives. Both are shown rather than one being quietly preferred.
Decision type
Decision
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed for lack of jurisdiction
This appeal is DISMISSED FOR LACK OF JURISDICTION Erica S.
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 timelinessProcedure and sanctions

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions. They are ordered strongest first.

Appearances

For the appellant
Holly Lozier
Hill-Rom Company, Inc.
Batesville, IN
For the respondent
Michael I. Goulding
Office of the General Counsel, Department of Health and Human Services
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, 1,995 characters, read from the Board's own documentDecided Mar 28, 2018 on its own faceRespondent DEPARTMENT OF HEALTH AND HUMAN SERVICES Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Agency FAR supplements1

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DISMISSED FOR LACK OF JURISDICTION: March 28, 2018

CBCA 6064

HILL-ROM COMPANY, INC.,

Appellant,

v.

DEPARTMENT OF HEALTH AND HUMAN SERVICES,

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.

Holly Lozier, Credit Department Supervisor of Hill-Rom Company, Inc., Batesville, IN, appearing for Appellant.

Michael I. Goulding, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.

Before Board Judges BEARDSLEY, KULLBERG, and SULLIVAN.

BEARDSLEY, Board Judge.

On March 8, 2018, the United States Civilian Board of Contract Appeals (the Board) docketed an appeal filed by Hill-Rom Company, Inc. (Hill-Rom). Holly Lozier, credit department supervisor, signed the notice of appeal on behalf of Hill-Rom.

The Board issued an order to show cause as to why this appeal should not be dismissed because Ms. Lozier seemed to lack the authority to sign the notice of appeal or to appear before the Board on behalf of Hill-Rom. Ms. Dozier responded to the order stating “I need to withdraw my appeal as I am not an authorized officer of Hill-Rom. We will have to resubmit under the appropriate person.”

The Board’s Rules of Procedure identify who is permitted to appeal and appear before the Board. “A notice of appeal shall be signed by the appellant or by the appellant’s attorney or authorized representative.” Rule 2(a)(1)(I) (48 CFR 6101.2(a)(1)(I) (2017)). A corporation “may appear by one of its officers.” Rule 5(a)(1). Ms. Lozier has indicated that she is not an authorized officer of Hill-Rom; and therefore, she did not have the authority to sign the notice of appeal or to appear before the Board on behalf of Hill-Rom. As such, this appeal must be dismissed for lack of jurisdiction. Affiliated Western, Inc. v. Department of Veterans Affairs, CBCA 3877, 14-1 BCA ¶ 35,670.

Decision

This appeal is DISMISSED FOR LACK OF JURISDICTION Erica S. Beardsley

ERICA S. BEARDSLEY

Board Judge

We concur:

H. Chuck Kullberg

Board Judge

Marian E. Sullivan

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Hill-Rom Company, Inc., CBCA 6064. 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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