CBCA 637

American Business Corporation

Mar 20, 2007Judge GoodmanDEPARTMENT OF LABOR
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
American Business Corporation
Respondent agency
DEPARTMENT OF LABOR
Judge
Goodman
Case number
CBCA 637
Decided
Mar 20, 2007The decision states Mar 20, 2007 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
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
DISMISSED FOR LACK OF JURISDICTION
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from that line, because the decision's text states no operative ruling we could isolate. No model is involved.

Topics

Jurisdiction and timeliness

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Appearances

For the appellant
Jackie Black
American Business Corporation
Atlanta, GA
For the respondent
Audrey Roh and Dennis Adelson
Division of Management and Administrative Legal Services, Office of the Solicitor, Department of Labor
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, 1,915 characters, read from the Board's own documentDecided Mar 20, 2007 on its own faceRespondent DEPARTMENT OF LABOR Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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DISMISSED FOR LACK OF JURISDICTION: March 20, 2007

CBCA 637

AMERICAN BUSINESS CORPORATION,

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.

Jackie Black, President of American Business Corporation, Atlanta, GA, appearing for Appellant.

Audrey Roh and Dennis Adelson, Division of Management and Administrative Legal Services, Office of the Solicitor, Department of Labor, Washington, DC, counsel for Respondent.

Before Board Judges GOODMAN, DRUMMOND, and SOMERS.

GOODMAN, Board Judge.

This appeal was filed on January 9, 2007, by appellant from a Department of Labor contracting officer’s final decision dated October 13, 2006, assessing damages against appellant arising from performance of a contract to provide placement and career transition services to Job Corps students residing in the state of Georgia.

By letter dated March 13, 2007, respondent’s contracting officer withdrew the final decision, and respondent’s counsel advised the Board thereof by letter dated March 15, 2007. ___________________________________

________________________________ __________________________________

2 CBCA 637

The Contract Disputes Act of 1978 provides that all claims relating to government contracts shall be the subject of decisions by contracting officers. 41 U.S.C. § 605(a) (2000). Without a contracting officer’s final decision, there can be no appeal over which we have jurisdiction. See, e.g., Monster Government Solutions, Inc. v. Department of Homeland Security, DOT BCA 4532, 06-1 BCA ¶ 33,236, aff’d on reconsideration, 06-2 BCA ¶ 33,312; Far Western Graphics, Inc., VABCA 7214, 05-1 BCA ¶ 32,829 (2004); Zbigniew Ostaszewski v. Department of State, GSBCA 16319-ST, 04-2 BCA ¶ 32,640.

Accordingly, as there is no appealable contracting officer’s final decision, this appeal is DISMISSED FOR LACK OF JURISDICTION.

ALLAN H. GOODMAN

Board Judge

We concur:

JEROME M. DRUMMOND

Board Judge

JERI K. SOMERS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in American Business Corporation, CBCA 637. 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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