DISMISSED FOR LACK OF JURISDICTION: June 4, 2018
CBCA 6102
ALUTIIQ MANAGEMENT SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF LABOR,
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.
Karen Kennedy, General Manager of Alutiiq Management Services, LLC, Flushing, MI, appearing for Appellant.
Dennis A. Adelson, Office of the Solicitor, Department of Labor, Washington, DC, counsel for Respondent.
Before Board Judges DRUMMOND, SULLIVAN, and RUSSELL.
SULLIVAN, Board Judge.
Respondent, Department of Labor (DOL), moved to dismiss this appeal for lack of jurisdiction because it was not timely filed. Appellant, Alutiiq Management Services, LLC (Alutiiq), acknowledges that its appeal was untimely and does not oppose DOL’s motion. Alutiiq received the contracting officer’s decision on December 20, 2017, but did not file its appeal of that decision until April 26, 2018. The Contract Disputes Act (CDA) requires that appeals to the Board be filed within ninety days of receipt of the contracting officer’s decision. 41 U.S.C. § 7104(a) (2012). Because that deadline was not met in this case, the Board lacks jurisdiction to consider this appeal. Soto Construction Co. v. Department of Agriculture, CBCA 3210, 13 BCA ¶ 35,301, at 173,286.
Decision
DOL’s motion is granted. The appeal is DISMISSED FOR LACK OF
Jurisdiction.
Marian E. Sullivan
Board Judge
We concur:
Jerome M. Drummond
Board Judge
Beverly M. Russell
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Alutiiq Management Services, LLC, CBCA 6102. 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.