CBCA 6309

Board: CBCA Agency: Environmental Protection Agency Appellant: Prudent Technologies, Inc. Date: 2018-12-19 Outcome: dismissed
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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 officer’s final decision. The parties submitted a joint stipulation on December 18, 2018, indicating that “Prudent Technologies, Inc. did not file a claim under the Contract Disputes Act [41 U.S.C. §§ 7101-7109 (2012)]” 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