CBCA 6309

Prudent Technologies, Inc.

Dec 19, 2018Judge DrummondENVIRONMENTAL PROTECTION AGENCY
DecisionDismissed for lack of jurisdiction

Key Facts

Appellant
Prudent Technologies, Inc.
Respondent agency
ENVIRONMENTAL PROTECTION AGENCY
Judge
Drummond
Case number
CBCA 6309
Decided
Dec 19, 2018The decision states Dec 19, 2018 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Koprince Law LLC
Outcome
Dismissed for lack of jurisdiction
Accordingly, the above-captioned appeal is DISMISSED WITHOUT PREJUDICE 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
Steven J. Koprince and John M. Mattox II
Koprince Law LLC
Lawrence, KS
For the respondent
Kathleen Clever and Demetra Salisburg
Office of General Counsel, Environmental Protection Agency
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, 1,447 characters, read from the Board's own documentDecided Dec 19, 2018 on its own faceRespondent ENVIRONMENTAL PROTECTION AGENCY Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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DISMISSED FOR LACK OF JURISDICTION: December 19, 2018

CBCA 6309

PRUDENT TECHNOLOGIES, INC.,

Appellant,

v.

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

Steven J. Koprince and John M. Mattox II of Koprince Law LLC, Lawrence, KS,

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.

Kathleen Clever and Demetra Salisburg, Office of General Counsel, Environmental Protection Agency, Washington, DC, counsel for Respondent.

DRUMMOND, Board Judge.

The Environmental Protection Agency entered into contract EP-S7-14-01 with Prudent Technologies, Inc., in which this dispute arose. On November 13, 2018, Prudent submitted an appeal which was docketed as CBCA 6309. On December 18, 2018, a conference call was conducted between the presiding judge, Mr. John Mattox, II, and Ms. Demetra Salisburg in which various jurisdictional matters were discussed. Notably discussed was the lack of a claim and a premature contracting officer’s final decision. The parties submitted a joint stipulation on December 18, 2018, indicating that “Prudent Technologies, Inc. did not file a claim under the Contract Disputes Act [41 U.S.C. §§ 7101-7109 (2012)]” and requested that the Board dismiss this appeal without prejudice, for lack of jurisdiction.

Decision

Accordingly, the above-captioned appeal is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.

Jerome M. Drummond

Board Judge

Jonathan D. Zischkau

Board Judge

Patricia J. Sheridan

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Prudent Technologies, Inc., CBCA 6309. 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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