CBCA 6033

DISMISSED FOR LACK OF JURISDICTION: March 31, 2020 CBCA 6033 TERACORE, INC., Appellant, v. DEPARTMENT OF AGRICULTURE, Respondent. Timothy A. Furin of Ward & Berry, PLLC, Washington, DC, counsel for Appellant. Melissa D. McClellan, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent. Before Judges VERGILIO, RUSSELL, and CHADWICK. RUSSELL, Board Judge. Appellant has moved to dismiss this appeal without prejudice.1 In its motion, appellant conceded that the Board lacks jurisdiction over the appeal because a properly certified claim was never submitted to the contracting officer for consideration. Appellant explained that, if its motion is granted, it intends to submit a properly certified claim to the contracting officer requesting a final decision. 1 Pursuant to Board Rule 12(b)(2), a motion for dismissal without prejudice must be made jointly. 48 CFR 6101.12(b)(2) (2019). CBCA 6033 2 Decision For the Board to have jurisdiction, appellant was required to present a properly certified claim to the contracting officer before filing this appeal. See 41 U.S.C. § 7103(b) (2018). As there was no proper claim presented to the contracting officer, this appeal is DISMISSED FOR LACK OF JURISDICTION. Beverly M. Russell BEVERLY M. RUSSELL Board Judge We concur: Joseph A. Vergilio Kyle E. Chadwick JOSEPH A. VERGILIO Kyle E. Chadwick Board Judge Board Judge