DISMISSED FOR LACK OF JURISDICTION: July 15, 2019
CBCA 6485
BES DESIGN/BUILD, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
David A. Horton, Daphne, AL, counsel for Appellant.
Catherine Crow and Brett A. Pisciotta, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges GOODMAN, SHERIDAN, and RUSSELL.
SHERIDAN, Board Judge.
On September 27, 2016, the General Services Administration (GSA) awarded task order GS-P-04-16-EX-7500 (task order) to appellant, BES DESIGN/BUILD, LLC (BES), for the construction of holding cells at the Fort Myers Courthouse and Federal Building in Fort Myers, Florida.
BES submitted a certified claim on September 12, 2018, to a GSA contracting officer (CO) seeking a 164-day time extension and $330,300.56. BES subsequently withdrew its certified claim on February 12, 2019, via an e-mail transmission to the CO. Notwithstanding the claim withdrawal, the instant appeal was filed on May 20, 2019, and docketed as CBCA 6485.
Appellant moved to dismiss the appeal without prejudice. GSA maintained that the claim should be dismissed for lack of jurisdiction. The Board held a telephone conference in this matter in which the status of BES’s claim, as well as the jurisdiction of the Board under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012), were addressed. In a joint supplement to appellant’s motion to dismiss, the parties now request that the appeal be dismissed for lack of jurisdiction, representing that “[i]n the absence of a CDA claim, the appeal is not properly before the Board.”
For the Board to have jurisdiction, there must be a proper claim before the contracting officer. 41 U.S.C .§ 7103(b). We agree that this appeal should be dismissed for lack of jurisdiction as there is no claim currently before the contracting officer.
Decision
The appeal is DISMISSED FOR LACK OF JURISDICTION.
Patricia J. Sheridan
Board Judge
We concur:
Allan H. Goodman
Board Judge
Beverly M. Russell
Board Judge
Pursuant to Board Rule 12(b)(2), a dismissal without prejudice must be made jointly. 48 CFR 6101.12(b)(2) (2018).
This is a verbatim capture of the text layer of the Board's own document in BES Design/Build, LLC, CBCA 6485. 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.