DISMISSED: December 14, 2007
CBCA 873
HENSLEY R. LEE CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
J. Marshall Gilmore, Winter Park, FL, counsel for Appellant.
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.
John A. Thompson, Office of Chief Counsel, Federal Emergency Management Agency, Department of Homeland Security, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
Order
On January 25, 2007, appellant, Hensley R. Lee Contracting, Inc. (HRL), submitted a claim under contract number HSFE04-04-P-4137 to the contracting officer in the amount of $1,245,400. The contracting officer denied the claim, and HRL filed this appeal from that decision.
Subsequently, the parties realized that HRL’s claim was not certified. They concluded that the contracting officer’s decision was a nullity and that the Board did not have jurisdiction to consider this appeal, and they jointly moved to dismiss this appeal without prejudice. The parties now concur that a dismissal without prejudice is inappropriate since ______________________
2 CBCA 873
this appeal cannot be reinstated and that this appeal should be dismissed. Board’s Conference Memorandum (Dec. 13, 2007).
This appeal is DISMISSED.
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Hensley R. Lee Contracting, Inc., CBCA 873. 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.