CBCA 5748
Board: CBCA
Agency: Department of Veterans Affairs
Appellant: CTA I, LLC
Date: 2017-05-18
Outcome: denied
DENIED: May 18, 2017
CBCA 5748
CTA I, LLC,
Petitioner,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia and James Peterson of Manfredonia Law Offices, LLC,
Cresskill, NJ, counsel for Petitioner.
Harold W. Askins III, Office of Regional Counsel, Department of Veterans Affairs,
Charleston, SC, counsel for Respondent.
Before Board Judges GOODMAN, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
On May 15, 2017, CTA I, LLC (CTA) filed a petition under 41 U.S.C. § 7103(f)(4)
(2012) and Board Rule 2(a)(2) (48 CFR 6101.2(a)(2) (2015)) for an order directing a
contracting officer of the Department of Veterans Affairs (VA) to issue a decision on a
pending claim âno later than June 1, 2017.â We have jurisdiction over the petition because
CTAâs pending claim, which it attached to the petition, exceeds $100,000, was certified, and
was submitted more than sixty days ago. See Hawk Contracting Group, LLC v. Department
of Veterans Affairs, CBCA 5527, 16-1 BCA ¶ 36,572, at 178,118. We deny the petition.
CTA filed the petition seventeen calendar days, and twelve business days (given the
Memorial Day holiday), before the date by which it seeks the contracting officerâs decision.
The Board has no rules of procedure for such petitions, but Rule 8, governing motions, which
we find closely analogous, generally allows an opposing party to respond âwithin 20 calendar
CBCA 5748 2
days.â Rule 8(f). We could not, at this point, give VA a similarly reasonable amount of time
to respond to the petition; receive CTAâs reply, if any; and then issue a panel decision in time
for the contracting officer to act on it by June 1, if we granted the petition. CTA, which does
not even request expedited review, identifies no emergency that demands action in seventeen
(now fourteen) days. Its petition is thus unsupported on its face.
Decision
The petition is DENIED.
___________________________
KYLE CHADWICK
Board Judge
We concur:
_____________________________ ___________________________
ALLAN H. GOODMAN H. CHUCK KULLBERG
Board Judge Board Judge