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Published on December 1, 2023 • Law

Not Every Communication from an Agency Is a Final Decision

The agency sent a letter demanding payment. The contractor appealed. The CBCA dismissed, noting the letter was just a demand letter, not a final decision that could be appealed.

Optum Public Sector Solutions, Inc. v. Department of Veterans Affairs, CBCA 7920

Agency Letter – The agency sent a letter to the contractor. The letter requested the contractor reimburse the agency for improper payments. If the contractor didn’t pay, the letter stated the agency would issue a formal demand. The contractor appealed to CBCA
Letter Was Not a Claim – The board dismissed the appeal for lack of jurisdiction. The letter did not state it was a final decision, did not contain a sum certain, or a notice of appeal rights. The letter was the first step in asserting a government claim. But until the government asserted a formal claim, the board could not hear an appeal.

The contractor is represented by J. Chris Haile and William B. O’Reilly of Crowell & Moring LLP. The agency is represented by Jean M. Athey, Adrienne Zelnick Schwartz, and Laura Reass of the Department of Veterans Affairs.

--Case summary by Craig LaChance, Senior Editor

CBCA - Optum

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