CBCA 6064

DISMISSED FOR LACK OF JURISDICTION: March 28, 2018 CBCA 6064 HILL-ROM COMPANY, INC., Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent. Holly Lozier, Credit Department Supervisor of Hill-Rom Company, Inc., Batesville, IN, appearing for Appellant. Michael I. Goulding, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent. Before Board Judges BEARDSLEY, KULLBERG, and SULLIVAN. BEARDSLEY, Board Judge. On March 8, 2018, the United States Civilian Board of Contract Appeals (the Board) docketed an appeal filed by Hill-Rom Company, Inc. (Hill-Rom). Holly Lozier, credit department supervisor, signed the notice of appeal on behalf of Hill-Rom. The Board issued an order to show cause as to why this appeal should not be dismissed because Ms. Lozier seemed to lack the authority to sign the notice of appeal or to appear before the Board on behalf of Hill-Rom. Ms. Dozier responded to the order stating “I need to withdraw my appeal as I am not an authorized officer of Hill-Rom. We will have to resubmit under the appropriate person.” CBCA 6064 2 The Board’s Rules of Procedure identify who is permitted to appeal and appear before the Board. “A notice of appeal shall be signed by the appellant or by the appellant’s attorney or authorized representative.” Rule 2(a)(1)(I) (48 CFR 6101.2(a)(1)(I) (2017)). A corporation “may appear by one of its officers.” Rule 5(a)(1). Ms. Lozier has indicated that she is not an authorized officer of Hill-Rom; and therefore, she did not have the authority to sign the notice of appeal or to appear before the Board on behalf of Hill-Rom. As such, this appeal must be dismissed for lack of jurisdiction. Affiliated Western, Inc. v. Department of Veterans Affairs, CBCA 3877, 14-1 BCA ¶ 35,670. Decision This appeal is DISMISSED FOR LACK OF JURISDICTION Erica S. Beardsley ERICA S. BEARDSLEY Board Judge We concur: H. Chuck Kullberg Marian E. Sullivan H. CHUCK KULLBERG MARIAN E. SULLIVAN Board Judge Board Judge