DISMISSED: September 2, 2015
CBCA 4771
D & D HOME INDUSTRIAL SERVICES,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Lewis J. Paras of Petrarca and McGair, Inc., Warwick, RI, counsel for Appellant.
Jeanne S. Morris and Barbara J. Steutzer, Office of General Counsel, Department of
Veterans Affairs, Leeds, MA, counsel for Respondent.
HYATT, Board Judge. 
ORDER
D & D Home Industrial Services appealed a contracting officer’s deemed denial of
a claim for costs incurred pursuant to its contract with Normandie Flooring, Inc. to install
flooring at the Department of Veterans Affairs (VA) Medical Center in Providence, Rhode
Island.  Upon review of the appeal, the Board, noting that an entity not in direct privity of
contract with the Government may not sustain an action before the Board except under
specific circumstances where the Government, either by contract language or its actions,
consents to such access, United States v. Johnson Controls, Inc., 713 F.2d 1541 (Fed. Cir.
1983), issued an order to show cause why the appeal should not be dismissed for lack of
jurisdiction on the ground that the appellant was not a party to a contract with the VA.

CBCA 4771 2
 In response to the show cause order, appellant stated that it was not privy to the
contract between Normandie Flooring and the VA and had not had an opportunity to review 
it to determine if one of the exceptions to the requirement for direct privity with the
Government might exist.
The Board issued an order on proceedings directing the VA to file with the Board an
appeal file containing the contract and any other documents or materials relevant to this
dispute as required by Board Rule 4(a), 48 CFR 6101.4(a) (2014).  The VA submitted its
appeal file on July 31, 2015, and simultaneously filed a motion to dismiss the appeal for lack
of jurisdiction on the ground that D & D was not a contractor with the Government.  In its
motion, the VA pointed out that its prime contractor for the project, which was for
renovations to the first floor elevator lobby of the VA Medical Center in Providence, was
Jackson Ryan Construction Services, Inc. (JRC).  JRC subcontracted with Normandie
Flooring, Inc. to perform flooring installation.  The VA further  stated that neither Normandie
Flooring nor D & D is mentioned in the prime contract, and the contract specialist had no
communications with either Normandie Flooring or D & D.  Additionally the VA noted that
there is no indication that JRC agreed to sponsor any claims nor did it act as a purchasing
agent for the VA.
On August 31, 2015, counsel for D & D requested a voluntary dismissal of the appeal. 
Appellant states that upon review of the appeal file it learned for the first time that the prime
contractor was JRC and not Normandie Flooring.  Appellant now agrees that it has no privity
with the prime contractor or the Government with respect to this project and that under the
Contract Disputes Act, 41 U.S.C. §§ 7101-7109 (2012), the  Board has no jurisdiction to hear
this appeal.  Accordingly, appellant seeks to voluntarily dismiss its appeal for lack of
jurisdiction.
Appellant’s request is granted.  This appeal is hereby DISMISSED.  The VA’s
motion to dismiss is moot.
__________________________________
CATHERINE B. HYATT
Board Judge