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A contractor appealed a contracting officer’s email stating that the contractor’s claim would likely be denied. CBCA found the appeal was premature and dismissed for lack of jurisdiction. The email was not a final decision on the claim.
The Gilchrist Law Firm, P.A. v. Department of Health and Human Services, CBCA 8158
- Initial Claim – Contractor held a contract with HHS to provide real estate support services when it submitted an $18.05 claim to the contracting officer for interest it claimed to be owed. The contracting officer responded that the claim is “highly likely” to be denied. The contractor filed an appeal.
- Board’s Jurisdiction – CBCA’s noted that it is well established that its jurisdiction does not arise until there has been a decision on the claim or the date for a decision has passed. Here, the contractor sought a decision five days after submitting a claim. But the Contract Disputes Act gives the contracting officer 60 days to respond. As such, the board dismissed the appeal for lack of jurisdiction.
Jacquin P. Gilchrist represented himself as the contractor. The agency was represented by Anastasia Snyderman and Tami Hagberg of HHS.
— Case summary by Joshua Lim, Assistant Editor
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