CBCA 6153-C(5361)

HAL-PE Associates Engineering Services, Inc.

Nov 29, 2018Judge GoodmanDEPARTMENT OF VETERANS AFFAIRS
DismissalDismissed for lack of jurisdiction

Key Facts

Appellant
HAL-PE Associates Engineering Services, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Goodman
Case number
CBCA 6153-C(5361)
Decided
Nov 29, 2018The decision states Nov 29, 2018 on its own face, which agrees with the listing.
Decision type
Dismissal
Law firm for the appellant
Camardo Law Firm, P.C.
Outcome
Dismissed for lack of jurisdiction
Accordingly, this case is DISMISSED WITH PREJUDICE.
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

Small claims and accelerated procedure

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Appearances

For the appellant
Joseph A. Camardo, Jr.
Camardo Law Firm, P.C.
Auburn, NY
For the respondent
Mary A. Mitchell
Office of General Counsel, Department of Veterans Affairs
Houston, TX
For the respondent
Donald C. Mobly
Office of General Counsel, Department of Veterans Affairs
Denver, CO
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, 1,714 characters, read from the Board's own documentDecided Nov 29, 2018 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Agency FAR supplements1

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DISMISSED WITH PREJUDICE: November 29, 2018

CBCA 6153-C(5361)

HAL-PE ASSOCIATES ENGINEERING SERVICES, INC.,

Applicant,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent.

Joseph A. Camardo, Jr. of Camardo Law Firm, P.C., Auburn, NY, counsel for

Applicant.

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.

Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs, Houston, TX; and Donald C. Mobly, Office of General Counsel, Department of Veterans Affairs, Denver, CO, counsel for Respondent.

GOODMAN, Board Judge.

On March 14, 2018, the Board issued its decision in Hal-Pe Associates Engineering Services, Inc. v. Department of Veterans Affairs, CBCA 5361, 18-1 BCA ¶ 36,999.

Applicant had elected to have that appeal processed under Board Rule 52, Small Claims Procedure (48 CFR 6101.52 (2011)). Under the small claims procedure, “A decision shall be final and conclusive and shall not be set aside except in the case of fraud. A decision shall have no value as precedent.” Board Rule 52.

The application for Award of Fees and Other Expenses in this case was filed on June 8, 2018. Board Rule 30(b) states: “A party may file an application for fees and other expenses only after the time to seek appellate review of a Board decision has expired. A party may file an application within 30 calendar days after that date.” As the Board’s decision dated March 14, 2018, was final and conclusive, the period for filing an application for fees and expenses expired thirty days from the date of the decision.

During a conference call with the Board on September 30, 2018, applicant’s counsel acknowledged that the application in this case was not timely filed. Accordingly, this case is DISMISSED WITH PREJUDICE.

Allan H. Goodman

Board Judge

This is a verbatim capture of the text layer of the Board's own document in HAL-PE Associates Engineering Services, Inc., CBCA 6153-C(5361). 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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