DISMISSED FOR LACK OF JURISDICTION: January 14, 2020
CBCA 6688
ANALYTIC SERVICES INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
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.
Daniel V. Wright, Senior Vice President, General Counsel, and Corporate Secretary of Analytic Services Inc., Falls Church, VA, counsel for Appellant.
Tami S. Hagberg, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges GOODMAN, KULLBERG, and SHERIDAN.
SHERIDAN, Board Judge.
On January 10, 2020, appellant, Analytic Services Inc. (ANSER), and respondent, Department of Health and Human Services, jointly moved to dismiss this appeal for lack of jurisdiction pursuant to Board Rule 12(b)(3) (41 CFR 6101.12(b)(3) (2019)).
ANSER represents that it did not intend its request for an equitable adjustment (REA) to be a claim under the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012) (CDA). ANSER also maintains that its REA did not track with the claim certification language required by the CDA and did not request a contracting officer’s final decision.
Decision
Based on these facts, these appeals are DISMISSED FOR LACK OF
Jurisdiction.
Patricia J. Sheridan
Board Judge
We concur:
ALLAN H. GOODMAN H. CHUCK KULLBERG ALLAN H. GOODMAN H. CHUCK KULLBERG Board Judge Board Judge
This is a verbatim capture of the text layer of the Board's own document in Analytic Services Inc., CBCA 6688. 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.