CBCA 6309
Board: CBCA
Agency: Environmental Protection Agency
Appellant: Prudent Technologies, Inc.
Date: 2018-12-19
Outcome: dismissed
DISMISSED FOR LACK OF JURISDICTION: December 19, 2018
CBCA 6309
PRUDENT TECHNOLOGIES, INC.,
Appellant,
v.
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
Steven J. Koprince and John M. Mattox II of Koprince Law LLC, Lawrence, KS,
counsel for Appellant.
Kathleen Clever and Demetra Salisburg, Office of General Counsel, Environmental
Protection Agency, Washington, DC, counsel for Respondent.
DRUMMOND, Board Judge.
The Environmental Protection Agency entered into contract EP-S7-14-01 with
Prudent Technologies, Inc., in which this dispute arose. On November 13, 2018, Prudent
submitted an appeal which was docketed as CBCA 6309. On December 18, 2018, a
conference call was conducted between the presiding judge, Mr. John Mattox, II, and Ms.
Demetra Salisburg in which various jurisdictional matters were discussed. Notably discussed
was the lack of a claim and a premature contracting officerâs final decision. The parties
submitted a joint stipulation on December 18, 2018, indicating that âPrudent Technologies,
Inc. did not file a claim under the Contract Disputes Act [41 U.S.C. §§ 7101-7109 (2012)]â
and requested that the Board dismiss this appeal without prejudice, for lack of jurisdiction.
CBCA 6309 2
Decision
Accordingly, the above-captioned appeal is DISMISSED WITHOUT PREJUDICE
for lack of jurisdiction.
Jerome M. Drummond
JEROME M. DRUMMOND
Board Judge
Jonathan D. Zischkau Patricia J. Sheridan
JONATHAN D. ZISCHKAU PATRICIA J. SHERIDAN
Board Judge Board Judge