May 17, 2007

 

PSBCA No. 5406   

 

In the Matter of the Petition by                                                                                                                                                                  

SAMSON J. HYPOLITE                                                                                                                                                                                                                                                                                                                                                                                                   

Under Contract No. HCR 302M3                                    

 

APPEARANCE FOR APPELLANT:         

Samson J. Hypolite

                                                                       

APPEARANCE FOR RESPONDENT:     

Gary Shapiro, Esq.

Office of the General Counsel

United States Postal Service

 

DISMISSAL

 

            In his April 5, 2007 letter to the Board, Appellant complained of the contracting officer’s failure to issue a final decision on his claim received by the contracting officer on February 5, 2007, and asked that a decision be issued.  The Board docketed Appellant’s letter as an appeal, although it was a Petition under Section 605 (c)(4) of the Contract Disputes Act.    

            On April 17, 2007, the contracting officer issued a final decision denying Appellant’s claim.[1]  Appellant has received from the contracting officer the final decision that he sought in this proceeding, and he may appeal that decision to this Board or to the United States Court of Federal Claims.  Accordingly, this matter is dismissed.

Norman D. Menegat

Administrative Judge

Board Member

 

I concur:                                                                      I concur:

William A. Campbell                                                 David I. Brochstein

Administrative Judge                                                Administrative Judge

Chairman                                                                   Vice Chairman


[1] The Board decided entitlement only in its July 12, 2006 Opinion and December 28, 2006 decision on the parties’ motions for reconsideration.  The claim addressed in this proceeding is Appellant’s quantum claim.