DISMISSED WITHOUT PREJUDICE: May 10, 2024
CBCA 8091
FHC CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Frank H. Fehmel, Managing Director of FHC Contracting, Inc., DeSoto, TX, appearing for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend, OR, counsel for Respondent.
BEARDSLEY, Board Judge.
Order
During a conference call on May 9, 2024, to discuss respondent’s motion to dismiss this appeal for lack of jurisdiction, the parties jointly requested a voluntary dismissal of this appeal without prejudice to permit appellant to request a contracting officer’s final decision on its certified claim. In a filing on May 9, 2024, appellant further indicated that it has no objection to this dismissal.
In accordance with Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)), the appeal is DISMISSED WITHOUT PREJUDICE.
Erica S. Beardsley
Board Judge
This is a verbatim capture of the text layer of the Board's own document in FHC Contracting, Inc., CBCA 8091. 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.