__________________________________ DISMISSED FOR LACK OF JURISDICTION June 9, 1994 __________________________________ GSBCA 12819 MAJID CHAVOSHIPOUR, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Majid Chavoshipour, pro se, Tampa, FL. George U. Lane, Jr., Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent. Before Board Judges DANIELS (Chairman), WILLIAMS, and VERGILIO. VERGILIO, Board Judge. On April 21, 1994, Majid Chavoshipour filed this appeal with the Board. Mr. Chavoshipour had purchased a vehicle from the respondent, the General Services Administration. He sought a refund from the agency based upon an alleged misdescription. In a decision dated December 10, 1993, the contracting officer denied the claim. The agency maintains that Mr. Chavoshipour received the decision more than ninety days prior to his filing the appeal. Affidavit of Contracting Officer (June 2, 1994). Mr. Chavoshipour does not dispute the assertion. Memorandum of Conference (June 8, 1994). Given that more than ninety days elapsed from the date of receipt of the contracting officer's decision to the filing of the appeal, this Board lacks jurisdiction over this appeal. 41 U.S.C. 606 (1988). Accordingly, the appeal is DISMISSED FOR LACK OF JURISDICTION. ______________________________ JOSEPH A. VERGILIO Board Judge We concur: ______________________________ ______________________________ STEPHEN M. DANIELS MARY ELLEN COSTER WILLIAMS Board Judge Board Judge