DISMISSED FOR LACK OF JURISDICTION: July 3, 2023
CBCA 7780
THUNDERCAT TECHNOLOGY, LLC,
Appellant,
v.
CENTRAL INTELLIGENCE AGENCY,
Respondent.
W. Barron A. Avery, Clara Kollm, and Sarah-Jane Lorenzo of Morgan, Lewis &
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.
Bockius LLP, Washington, DC, counsel for Appellant.
Ashley Powers, Allison Marvasti, and Erin Masini, Office of General Counsel, Central Intelligence Agency, Washington, DC, counsel for Respondent.
Before Board Judges RUSSELL, VERGILIO, and CHADWICK.
VERGILIO, Board Judge.
Thundercat Technology, LLC filed this appeal premised upon a deemed denial by the contracting officer. Subsequently, referencing statute and agency regulations, the contracting officer issued a determination that the proper board to resolve this dispute is the Armed Services Board of Contract Appeals (ASBCA), not this Board. In light of the authorized determination by the contracting officer, the parties assert that this Board lacks jurisdiction to resolve the dispute and ask that the case be so dismissed.
For this agency, law requires a contracting officer to determine the appropriate board to resolve a dispute on appeal, with the determination typically included in the contracting officer’s decision. 41 U.S.C. § 7105 (2018) (amendments not shown in text). Here, the appeal is based upon a deemed denial. After the appeal was filed at this Board, the contracting officer issued the determination selecting the ASBCA as the board that could resolve the dispute. As a result, this Board lacks jurisdiction to proceed with this case.
Decision
The case is DISMISSED FOR LACK OF JURISDICTION.
Joseph A. Vergilio
Board Judge
We concur:
Beverly M. Russell
Board Judge
Kyle Chadwick
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Thundercat Technology, LLC, CBCA 7780. 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.