March 29, 1995

Appeal of

DILL'S STAR ROUTE, INC.

Under Solicitation No. 948-5014-94

HCR 94530

PSBCA No. 3699

APPEARANCE FOR APPELLANT:

Opal A. Dill, President

APPEARANCE FOR RESPONDENT:

Doris Godinez-Phillips, Esq.

OPINION OF THE BOARD ON MOTION TO DISMISS

            Respondent has filed a Motion to Dismiss this appeal, alleging the appeal is a bid protest over which the Board lacks jurisdiction.  Appellant has not filed an opposition to the motion.  We agree with Respondent and grant the motion.

            Appellant's notice of appeal states that "[w]e are writing to appeal the Pacific Area Office decision finding our company non responsible as the prospective contractor on the above mentioned solicitation."  Appellant continues by requesting that this Board reverse the Pacific Area Office decision and award Appellant the contract in issue.

            Appellant's appeal is in fact a bid protest, and this Board has no jurisdiction under the Contract Disputes Act (41 U.S.C. §§601-613) to consider bid protests.  Coastal Corp. v. United States, 713 F.2d 728 (Fed. Cir. 1983); Patricia A. Thompson, PSBCA No. 1625, 87-2 BCA ¶ 19,774; Nomie M. Namie, PSBCA No. 1461, 86-2 BCA ¶ 18,763.  Further, we have no authority to reverse a contract award or direct award to another.  Coastal Corp. v. United States, supra; Loundagin Corp., PSBCA No. 1469, 86-1 BCA ¶ 18,677; Edward H. Ward, PSBCA No. 1117, 83-2 BCA ¶ 16,569; GTG Carriers/Michael L. Davis, PSBCA No. 1110, 83-1 BCA ¶ 16,391.

            Accordingly, we hold that we have no jurisdiction to consider this appeal or authority to grant the relief sought.  The Motion to Dismiss is granted, and the appeal is dismissed.

James D. Finn, Jr.

Administrative Judge

Vice Chairman

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

Norman D. Menegat

Administrative Judge

Board Member