CBCA 5594

DISMISSED WITHOUT PREJUDICE: January 17, 2017 CBCA 5594 OLYMPUS AMERICA INC., Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. Rebecca J. Price of Norris, McLaughlin & Marcus, P.A., Allentown, PA, counsel for Appellant. Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur, GA, counsel for Respondent. CHADWICK, Board Judge. ORDER Olympus America Inc. submitted to the Department of Veterans Affairs contracting officer a letter styled as a “certified claim.” The letter sought an outstanding contract balance of $125,075.37, but was not certified. Olympus America later appealed from the ostensible deemed denial of the claim. However, an uncertified demand for more than $100,000 “is not a claim.” 48 CFR 2.101 (2016). Absent a decision on a claim, we lack jurisdiction. 41 U.S.C. § 7104(a) (2012); Stobil Enterprise v. Department of Veterans Affairs, CBCA 5246, 16-1 BCA ¶ 36,478, at 177,740, motion for reconsideration denied (Nov. 10, 2016). When ordered to show cause why this appeal should not be dismissed for lack of jurisdiction, Olympus America moved to “withdraw” the appeal without prejudice. CBCA 5594 2 Accordingly, the appeal is DISMISSED WITHOUT PREJUDICE. ___________________________ KYLE CHADWICK Board Judge