PSBCA No. 7123

DISMISSAL

On July 17, 2025, the Board convened a telephone conference with the parties. James J. Bruno, Esq., represented Appellant, and Micah T. Zomer, Esq., represented the Postal Service.
The Board and the parties addressed the Board’s jurisdiction. Appellant holds Contract No. 2DCPAC-18-B-0189 with the Postal Service. After receiving the Postal Service’s termination on notice, Appellant filed this appeal with the Board seeking as its only relief that the Postal Service reconsider its decision.
Whether the Board has jurisdiction is the first and fundamental question we must ask with any appeal. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94-95 (1998). It is well settled that the Board lacks jurisdiction to award injunctive relief. See, e.g., Edward Grinnell, PSBCA No. 5331, 2006 WL 6019557 (Sept. 20, 2006); F.W.H. Motor Transit, Inc., PSBCA No. 1317, 85-2 BCA ¶ 18,080. A request for the Postal Service to reconsider its contract action is a request for injunctive relief. See Tactical Network Corp., ASBCA No. 62963, 21-1 BCA ¶ 37,942. Here, Appellant seeks only injunctive relief.
In addition, a termination on notice is a contract action, not a final decision. Shawn G. Logan, PSBCA No. 6507, 14-1 BCA ¶ 35,609. Without a monetary claim submitted to the contracting officer, the Board has no jurisdiction over a challenge to a termination on notice. 41 U.S.C. §§ 7103-04; see also Logan, 14-1 BCA ¶ 35,609. Appellant conceded, and the Postal Service confirmed, that it has not filed a monetary claim with the contracting officer.
The Board therefore does not have jurisdiction based on the relief sought and the lack of a claim and a contracting officer’s final decision.
The Board’s lack of jurisdiction in this appeal does not bar Appellant from pursuing a monetary claim. Appellant may submit a monetary claim to the contracting officer, and if the contracting officer denies the claim or does not timely respond, Appellant may file another appeal. In addition to its contract, Appellant may wish to review the Contract Disputes Act, found in sections 7101-09 of title 41 of the United States Code; the Board’s Rules of Practice, found in part 955 of title 39 of the Code of Federal Regulations; and a guide published by the American Bar Association, Section of Public Contract Law titled “Practicing before the Federal Boards of Contract Appeals.”

This appeal is dismissed for lack of jurisdiction.