CBCA 8232-R

Mega Star Logistics Services Co.

Feb 25, 2026Judge GoodmanDEPARTMENT OF STATE
DecisionRuled on a motion

Key Facts

Appellant
Mega Star Logistics Services Co.
Respondent agency
DEPARTMENT OF STATE
Judge
Goodman
Case number
CBCA 8232-R
Decided
Feb 25, 2026The decision states Feb 25, 2026 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Ruled on a motion
Appellant's motion for reconsideration is DENIED.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Procedure and sanctionsJurisdiction and timeliness

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Appearances

For the appellant
Abdul Ghafoor Sultani
Mega Star Logistic Services Co.
Glen Allen, VA
For the respondent
Erin M. Kriynovich
Office of the Legal Adviser, Buildings and Acquisitions, Department of State
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision4 pages, 6,641 characters, read from the Board's own documentDecided Feb 25, 2026 on its own faceRespondent DEPARTMENT OF STATE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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MOTION FOR RECONSIDERATION DENIED: February 25, 2026

CBCA 8232-R

MEGA STAR LOGISTIC SERVICES CO.,

Appellant,

v.

DEPARTMENT OF STATE,

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.

Abdul Ghafoor Sultani, Ex-President and Chief Executive Officer of Mega Star Logistic Services Co., Glen Allen, VA, appearing for Appellant.

Erin M. Kriynovich, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Washington, DC, counsel for Respondent.

Before Board Judges LESTER, GOODMAN, and NEWSOM.

GOODMAN, Board Judge.

Appellant asks the Board to reconsider our decision issued on January 28, 2026, Mega Star Logistics Services Co. v. Department of State, CBCA 8232, 26-1 BCA ¶ 38,974. Appellant has not stated grounds for reconsideration. We deny the motion.

Background

In our decision, we dismissed the appeal in part as moot. As to that portion, appellant properly appealed a contracting officer’s final decision (COFD), and respondent subsequently made payment to appellant on that claim. Appellant acknowledged that the payment was in full satisfaction of the unpaid contract balance and associated interest sought in the claim.

In our decision, we also dismissed for lack of jurisdiction a second claim that was not appealed to the Board. We held that the Board lacked jurisdiction over that claim because appellant did not appeal the COFD on the second claim within ninety days of its receipt. Appellant seeks reconsideration of our decision with regard to the dismissal of the second claim.

In its motion for reconsideration, appellant states that it “has consistently maintained its intent to pursue” its appeal of the second claim, “including through formal status reports filed with the Board.” Appellant had filed a status report, dated July 21, 2025, which advised the Board of its submission of the second claim to the contracting officer and its intent to appeal a deemed denial if a COFD was not issued. Appellant did not communicate with the Board again until it filed the motion for reconsideration.

As described in our previous decision, the contracting officer issued a COFD on the second claim on July 23, 2025, which was within sixty days of appellant’s submission of the claim. Mega Star, 26-1 BCA at 189,753. This COFD notified appellant of its rights to file an appeal at the Board or a suit at the United States Court of Federal Claims. Id. Appellant did not appeal the July 2025 COFD decision to the Board within the ninety-day appeal period, which expired in October 2025. On October 17, 2025, respondent filed a status report (and copied appellant), advising that it would file a motion to dismiss after the Government’s lapse in appropriations ended. Respondent filed a follow-up status report on November 14, 2025, reiterating its intention to file a motion to dismiss, and subsequently filed that motion on November 28, 2025. By order dated January 7, 2026, the Board advised appellant that its response to the Government’s motion was overdue. The order directed appellant to inform the Board by January 16, 2026, if it intended to file a response and, if so, the date that appellant expected to file its response. Appellant did not communicate with the Board, and the Board issued its decision on the motion to dismiss on January 28, 2026, two months after respondent filed the motion to dismiss and almost six months after appellant’s last communication with the Board.

Discussion

The Board stated the grounds for reconsideration in Y2Fox, Inc. v. Department of State, CBCA 7805-R, 24-1 BCA ¶ 38,647, appeal dismissed, No. 25-1001, 2024 WL 4775422 (Fed. Cir. Nov. 14, 2024):

The three primary grounds that justify reconsideration are: (1) an intervening change in the controlling law; (2) the availability of new evidence; and (3) the need to correct clear error or prevent manifest injustice.

Id. at 187,873 (quoting Delaware Valley Floral Group, Inc. v. Shaw Rose Nets, LLC, 597 F.3d 1374, 1383 (Fed. Cir. 2010)).

These grounds are not present here. Instead, appellant (1) did not communicate with the Board for almost six months between July 2025 and filing this reconsideration; (2) did not appeal the COFD that it received in July 2025; (3) was advised by respondent in October 2025 of respondent’s intention to file a motion to dismiss; and (4) did not file a response to the motion to dismiss despite the Board allowing additional time to do so.

Appellant states in its motion for reconsideration: If the Board finds that the ninety-day period has technically elapsed, Appellant respectfully requests guidance as to whether the claim may be pursued through: A new appeal based on deemed denial, or [t]he United States Court of Federal Claims within the statutory twelve-month period.

Motion for Reconsideration at 3.

With regard to the ninety-day appeal period, the contracting officer issued a COFD within sixty days as required by the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101–7109 (2018). As this Board held in Top Level Construction Co. v. Department of State, CBCA 8301, 25-1 BCA ¶ 38,815, we possess jurisdiction to entertain an appeal of a COFD only if the contractor files its appeal within ninety days after receiving it: The CDA provides that a contractor has the right to appeal a contracting officer’s final decision to a board of contract appeals “within 90 days from the date of receipt” of the decision. 41 U.S.C. § 7104(a). Our decisions, relying on binding precedent from the [United States] Court of Appeals for the Federal Circuit, have held that the ninety-day requirement may not be waived as it is strictly construed and failure to comply creates a “jurisdictional defect” which precludes the Board from considering the merits of the appeal.

Id. at 188,184 (quoting Acabay Inc. v. General Services Administration, CBCA 8185, 25-1 BCA ¶ 38,716, at 188,246 (2024)); see West Coast General Corp. v. Dalton, 39 F.3d 312, 315 (Fed. Cir. 1994); Cosmic Construction Co. v. United States, 697 F.2d 1389, 1390-91 (Fed. Cir. 1982).

The Board did not have jurisdiction over the second claim because appellant did not file an appeal on that claim within the ninety-day period. There was also no “deemed denial” of the second claim, as the contracting officer issued a timely COFD. Appellant’s appeal rights to the Court of Federal Claims are stated in the July 2025 COFD as well as in our January 28, 2026, decision. Respondent’s Motion to Dismiss (in CBCA 8232), Attachment 3 at 2; see Mega Star, 26-1 BCA at 189,754 n.3.

Decision

Appellant’s motion for reconsideration is DENIED. Allan H. Goodman

ALLAN H. GOODMAN

Board Judge

We concur:

Harold D. Lester,

Board Judge

Jr. Elizabeth W. Newsom

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Mega Star Logistics Services Co., CBCA 8232-R. 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.

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