CBCA 6688
Board: CBCA
Agency: Department of Health and Human Services
Appellant: Analytic Services Inc.
Date: 2020-01-14
Outcome: dismissed
DISMISSED FOR LACK OF JURISDICTION: January 14, 2020
CBCA 6688
ANALYTIC SERVICES INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Daniel V. Wright, Senior Vice President, General Counsel, and Corporate Secretary
of Analytic Services Inc., Falls Church, VA, counsel for Appellant.
Tami S. Hagberg, Office of the General Counsel, Department of Health and Human
Services, Washington, DC, counsel for Respondent.
Before Board Judges GOODMAN, KULLBERG, and SHERIDAN.
SHERIDAN, Board Judge.
On January 10, 2020, appellant, Analytic Services Inc. (ANSER), and respondent,
Department of Health and Human Services, jointly moved to dismiss this appeal for lack of
jurisdiction pursuant to Board Rule 12(b)(3) (41 CFR 6101.12(b)(3) (2019)).
ANSER represents that it did not intend its request for an equitable adjustment (REA)
to be a claim under the Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012) (CDA).
ANSER also maintains that its REA did not track with the claim certification language
required by the CDA and did not request a contracting officerâs final decision.
CBCA 6688 2
Decision
Based on these facts, these appeals are DISMISSED FOR LACK OF
JURISDICTION.
Patricia J. Sheridan
PATRICIA J. SHERIDAN
Board Judge
We concur:
ALLAN H. GOODMAN H. CHUCK KULLBERG
ALLAN H. GOODMAN H. CHUCK KULLBERG
Board Judge Board Judge