DISMISSED FOR LACK OF JURISDICTION: June 7, 2019
CBCA 6491
COMPUTER INTEGRATION & PROGRAMMING SOLUTIONS CORP.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
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.
Ravi Bhutani, President of Computer Integration & Programming Solutions Corp., Bethesda, MD, appearing for Appellant.
Susan Colarco, Office of Chief Counsel, Drug Enforcement Administration, Department of Justice, Washington, DC, counsel for Respondent.
Before Board Judges VERGILIO, KULLBERG, and O’ROURKE.
VERGILIO, Board Judge.
On May 23, 2019, the Board received from Computer Integration & Programming Solutions Corp. (contractor) a notice of appeal concerning a contract with the Drug Enforcement Administration of the Department of Justice (agency). In the underlying claim, the contractor seeks in excess of $100,000. The contracting officer issued a decision denying the claim, in part. The claim lacked a certification; the claim did not contain a defective certification.
With a reference to statute, 41 U.S.C. § 7103(b) (2012), and the case cited below, the agency has moved to dismiss for lack of jurisdiction, because a proper claim (and contracting officer’s decision) is lacking. Included in its opposition to the motion, the contractor provided a certification of its claim. The contractor acknowledges that it did not provide a formal certification with its claim. In asking for the Board to deny the motion and resolve its appeal, the contractor faults the contracting officer for not pointing out that the claim was not certified and references the statutory provision that addresses a failure to certify or defective certification. A defective certification may be corrected prior to the entry of final judgment; the statute makes no such correction available when no certification is provided. 41 U.S.C. § 7103(b)(3); Greenbriar Valley Economic Development Corp. v. Department of Veterans Affairs, CBCA 5897, 18-1 BCA ¶ 37,068. The certification requirement rests on the contractor; that the contracting officer failed to specify that a certification was lacking does not create jurisdiction here.
Decision
The Board does not reach the merits of the appeal; instead, the appeal is DISMISSED FOR LACK OF JURISDICTION.
Joseph A. Vergilio
Board Judge
We concur:
H. Chuck Kullberg
Board Judge
Kathleen J. O’Rourke
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Computer Integration & Programming Solutions Corp., CBCA 6491. 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.