CBCA 6228

Engineering & Environment, Inc.

Aug 10, 2018Judge SullivanDEPARTMENT OF THE AIR FORCE
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
Engineering & Environment, Inc.
Respondent agency
DEPARTMENT OF THE AIR FORCE
Judge
Sullivan
Case number
CBCA 6228
Decided
Aug 10, 2018The decision states Aug 10, 2018 on its own face, which agrees with the listing.
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
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
Surendera Kumar
Engineering & Environment, Inc.
Virginia Beach, VA
For the respondent
Douglas E. DeVore
Office of the Staff Judge Advocate, Headquarters, Air Force Reserve Command, Department of the Air Force
Chicopee, MA
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, 1,375 characters, read from the Board's own documentDecided Aug 10, 2018 on its own faceRespondent DEPARTMENT OF THE AIR FORCE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Contract Disputes Act1

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DISMISSED FOR LACK OF JURISDICTION: August 10, 2018

CBCA 6228

ENGINEERING & ENVIRONMENT, INC.,

Appellant,

v.

DEPARTMENT OF THE AIR FORCE,

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.

Surendera Kumar, President of Engineering & Environment, Inc., Virginia Beach, VA, appearing for Appellant.

Maj. Douglas E. DeVore, Office of the Staff Judge Advocate, Headquarters, Air Force Reserve Command, Department of the Air Force, Chicopee, MA, counsel for Respondent.

Before Board Judges VERGILIO, ZISCHKAU, and SULLIVAN.

SULLIVAN, Board Judge.

On August 7, 2018, the Board docketed the appeal of the June 19, 2018, contracting officer’s decision terminating for default a contract between appellant and the Department of the Air Force. The Board lacks jurisdiction over this matter because the Armed Services Board of Contract Appeals is the board responsible for hearing appeals involving Department of the Air Force contracts. 41 U.S.C. § 7105(e)(1)(A) (2012). Although the contracting officer apparently provided the website address for the Civilian Board of Contract Appeals (www.cbca.gov) when the appellant asked for information on the Board to which it could appeal, this information was incorrect.

Decision

The appeal is DISMISSED FOR LACK OF JURISDICTION. Marian E. Sullivan

MARIAN E. SULLIVAN

Board Judge

We concur:

Joseph A. Vergilio

Board Judge

Jonathan D. Zischkau

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Engineering & Environment, Inc., CBCA 6228. 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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