DISMISSED FOR LACK OF JURISDICTION: June 30, 2026
CBCA 8934
AMERITEL COMMUNICATION CORPORATION,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
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.
Henry Jalette, Vice President of Federal Sales, Ameritel Communication Corporation, Rockville, MD, appearing for Appellant.
Sean Grafton, Office of Chief Counsel, Federal Emergency Management Agency, Department of Homeland Security, Washington, DC, counsel for Respondent.
Before Board Judges SHERIDAN, VOLK, and NEWSOM.
VOLK, Board Judge.
Appellant filed its notice of appeal in this matter on June 18, 2026. The appeal is from a contracting officer’s final decision that was issued and transmitted by email to appellant on March 13, 2026, more than ninety days before appellant filed its notice of appeal. On June 26, 2026, the parties filed a joint motion to dismiss. The parties agree that appellant’s notice of appeal was not timely filed under 41 U.S.C. § 7104(a) (2024), which requires that a notice of appeal to the Board be filed within ninety days from receipt of the contracting officer’s final decision. The parties jointly request that the appeal be dismissed for lack of jurisdiction.
Because appellant’s notice of appeal was not filed within ninety days from its receipt of the contracting officer’s final decision, we lack jurisdiction to consider this appeal. See West Coast General Corp. v. Dalton, 39 F.3d 312, 315 (Fed. Cir. 1994). The parties’ June 26, 2026, motion is granted, and this appeal is dismissed for lack of jurisdiction. Daniel B. Volk
DANIEL B. VOLK
Board Judge
We concur:
Patricia J. Sheridan
Board Judge
Elizabeth W. Newsom
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Ameritel Communication Corporation, CBCA 8934. 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.