Kmisener/CBCA_Full huggingface dataset:
__________________________________ 
DISMISSED WITH PREJUDICE:  November 3, 2009 
CBCA 1561 
600 SECOND STREET HOLDINGS, LLC, 
Appellant, 
v. 
SECURITIES AND EXCHANGE COMMISSION, 
Respondent. 
Ari S. Zymelman, Jerry L. Shulman, and Thomas M. Craig of Williams & Connolly 
LLP, Washington, DC, counsel for Appellant. 
George C. Brown, John P. Sholar, and Jeffrey C. Walker, Office of the General 
Counsel, Securities and Exchange Commission, Washington, DC, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
On November 2, 2009, appellant, with consent of respondent, filed a motion to 
dismiss with prejudice this appeal and concurrently filed a motion to withdraw its previous 
stipulation of settlement in this appeal.  Accordingly, the appeal is DISMISSED WITH 
PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE:  December 4, 2024
CBCA 7943
DELLEW CORPORATION,
Appellant,
v.
SOCIAL SECURITY ADMINISTRATION,
Respondent.
Jonathan A. DeMella of Davis Wright Tremaine LLP, Seattle, WA, counsel for
Appellant.
Tal Kedem, Brandon Dell’Aglio and Kathryn Bostwick, Office of the General
Counsel, Social Security Administration, Baltimore, MD, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On December 3, 2024, the parties filed a joint motion to dismiss this appeal with
prejudice, stating that the underlying dispute has been resolved through settlement.  The
motion is granted, and the appeal is DISMISSED WITH PREJUDICE.
    Marian E. Sullivan         
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: September 30, 2015
CBCA 3178
HARBOR SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF  VETERANS AFFAIRS,
Respondent.
Dana Woodrum Lang and C. Allen Gibson of Womble Carlyle Sandridge & Rice,
LLP, Charleston, SC, counsel for Appellant.
Tracy J. Downing, Office of the Regional Counsel, Department of Veterans Affairs,
Nashville, TN, counsel for Respondent.
SOMERS, Board Judge.
ORDER
The parties have notified the Board that they have reached a settlement agreement and
request that this appeal be dismissed with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
GRANTED IN PART: December 27, 2007 
CBCA 720, 721, 722, 723, 724, 725, 726, 727 
ACQUEST GOVERNMENT LEASES, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Edward V. Gregorowicz, Jr., and James P. Connor of the Law Offices of Edward V. 
Gregorowicz, Jr., Fairfax, VA, counsel for Appellant. 
Dalton F. Phillips and Leonard E. Lucas III, Office of General Counsel, General 
Services Administration, Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS  (Chairman), GILMORE , and POLLACK . 
DANIELS , Board Judge. 
Acquest Government Leases, LLC (Acquest), owns and operates commercial real 
property known as the Niagara Center in Buffalo, New York.  Acquest leases office and 
related space in the Niagara Center to the General Services Administration (GSA) for 
occupancy by various Government tenants. 
Acquest submitted to the appropriate GSA contracting officer claims under five 
separate leases for space in the Niagara Center.  Three of the claims, totaling $1,229,791, 
involved costs for overtime use of heating, ventilating, and air conditioning (HVAC).  Five 
of the claims, totaling $599,417, involved the impact on HVAC costs of modifications 

   
       
      
    
   
    
 
   
_________________________ 
_________________________ _________________________ 
2 CBCA 720, 721, 722, 723, 724, 725, 726, 727 
directed by the Government to the layout of office space.  The contracting officer denied all 
eight claims.  Acquest appealed the decisions.  The Board docketed the appeals of the denials 
of the first three claims as CBCA 720, 721, and 722, and the appeals of the denials of the last 
five as CBCA 723, 724, 725, 726, and 727. 
Acquest and GSA have now filed a Joint Motion for Stipulated Award.  In this 
motion, they ask the Board to enter judgment for Acquest in the eight appeals in the amount 
of $500,000.   The parties state that they “agree that the $500,000.00 lump sum Stipulated 
Award is inclusive and in full satisfaction of any applicable costs, attorney fees, and interest 
relating to the dispute and/or claims in CBCA Nos. 720 to 727.”  The parties also state that 
“upon entry of the requested Stipulated Award, (1) they will not seek reconsideration of, or 
relief from, the Board’s Decision, and (2) they will not appeal the Decision.” 
Decision 
The appeals are GRANTED IN PART . The General Services Administration shall 
pay to Acquest Government Leases, LLC, the sum of $500,000.  Rule 25(b).  This sum shall 
be paid from the permanent indefinite judgment fund.  31 U.S.C. § 1304 (2000). 
STEPHEN M. DANIELS 
Board Judge 
We concur: 
BERYL S. GILMORE HOWARD A. POLLACK 
Board Judge Board Judge
GRANTED IN PART: December 10, 2019
CBCA 6672
STRUCTURAL ENGINEERING GROUP, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Reginald M. Jones and Ronni Two of Fox Rothschild LLP, Washington, DC, counsel
for Appellant.
Jay Bernstein, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, VERGILIO, and ZISCHKAU.
BEARDSLEY, Board Judge.
On December 5, 2019, the parties submitted to the Board a joint motion for entry of
final judgment and joint certificate of finality.  The parties requested that the Board enter
final judgment in the amount of $1,154,614.41.  The parties stipulated that upon entry of the
requested final judgment, all disputes, claims, counterclaims, and issues related to this appeal
will be fully and finally resolved.  The parties have agreed that they will not seek appeal of,
reconsideration of, or relief from the Board’s decision.


CBCA 6672 2
Decision
The Board GRANTS IN PART the appeal.  In accordance with the parties’ joint
motion, the Board awards appellant the stipulated judgment amount of $1,154,614.41.
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
We concur:
    Joseph A. Vergilio              Jonathan D. Zischkau   
JOSEPH A. VERGILIO JONATHAN D. ZISCHKAU
Board Judge Board Judge
______________________ 
  
 
DISMISSED WITH PREJUDICE: January 25, 2012 
CBCA 2510 
AH WEST GROUP, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Tim Stephenson, Project Manager of AH West Group, LLC, Appleton, WI, appearing 
for Appellant. 
Chadwick C. Duran, Office of Regional Counsel, Department of Veterans Affairs, 
Indianapolis, IN, counsel for Respondent. 
KULLBERG , Board Judge. 
ORDER 
The Board docketed this appeal on July 28, 2011. On January 19, 2012, appellant 
requested that this appeal be withdrawn. Accordingly, this appeal is DISMISSED WITH 
PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE:  May 9, 2019
CBCA 6293
BVB CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Richard Shuben, Law Offices of Richard Shuben, West Hills, CA, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR; and Donald C. Mobly, Office of General Counsel, Department of Veterans
Affairs, Denver, CO, counsel for Respondent.
LESTER, Board Judge.
ORDER
Appellant, BVB Construction, Inc. (BVB), has notified the Board that it wishes to
withdraw this appeal and that it no longer wishes to pursue any claims that are before the
Board in this appeal.  Respondent does not oppose BVB’s request to withdraw.  Accordingly,
this appeal is DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: March 22, 2022
CBCA 7178
NORTHBANK CIVIL & MARINE, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Paige B. Spratt and Kainui Smith of Schwabe, Williamson & Wyatt, P.C., Vancouver,
WA; and Thomas Krider of Oles Morrison Rinker & Baker LLP, Seattle, WA, counsel for
Appellant.
Jack Hockberger and Dusty D. Parson, Office of the Solicitor, Department of the
Interior, Boise, ID; and Kara M. Borden, Office of the Solicitor, Department of the Interior,
Portland, OR, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On March 18, 2022, the Board was advised that the parties had reached a settlement
in this matter and jointly requested that the matter be dismissed with prejudice.  Accordingly,
this matter is DISMISSED WITH PREJUDICE.
  Patricia J. Sheridan   
PATRICIA J. SHERIDAN
Board Judge
DISMISSED: September 11, 2015
CBCA 4917
COMPUTER SCIENCES CORPORATION,
Appellant,
v.
DEPARTMENT OF THE TREASURY,
Respondent.
Paul E. Pompeo, Joan G. Ochs, and Nicole B. Neuman of Arnold & Porter LLP,
Washington, DC, counsel for Appellant.
Richard L. Hatfield, Office of Chief Counsel, Internal Revenue Service, Department
of the Treasury, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On August 6, 2015, Computer Sciences Corporation (contractor) filed a notice of
appeal concerning its contract, TIRNO-99-D-00001, with the Department of the Treasury,
Internal Revenue Service and a contracting officer decision asserting a government claim. 
During a stay of proceedings, the contracting officer withdrew the underlying decision.  On
September 11, 2015, the Board received from the parties a joint motion to dismiss the appeal. 
Accordingly, the Board DISMISSES this case.
______________________________
JOSEPH A. VERGILIO
Board Judge
GRANTED IN PART: October 8, 2010 
CBCA 1747, 1748, 1749, 1750, 2157 
HIGGINS DEVELOPMENT PARTNERS, LLP, 
Appellant, 
v. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES, 
Respondent. 
Thomas Finnerty, Senior Vice President of Higgins Development Partners, LLP, 
Chicago, IL, appearing for Appellant; and John P. Ahlers and Scott R. Sleight of Ahlers & 
Cressman, PLLC, Seattle, WA, appearing for Skanska USA Building Inc. 
Richard G. Bergeron, Office of the General Counsel, Department of Health and 
Human Services, Washington, DC, counsel for Respondent. 
Before Board Judges SOMERS , HYATT , and POLLACK . 
SOMERS , Board Judge. 
On October 6, 2009, appellant, Higgins Development Partners, filed four appeals in 
connection with Department of Health and Human Services contract number 292-02-C-0326, 
for the development and construction of a National Institutes of Health integrated research 
facility. 
On September 2, 2010, the parties filed a joint motion for entry of decision by 
stipulation, stating that the parties had reached a global settlement of all claims arising out 
of the contract.  On September 23, 2010, appellant filed an appeal of the claims resolved in 

                
         
            
         
          
           
         
          
 
    
             
            
        
              
             
            
                
     
____________________________ 
  
 
___________________________ ____________________________ 
2 CBCA 1747, 1748, 1749, 1750, 2157 
the settlement that had not been filed with the Board. On September 28, 2010, all five 
appeals were consolidated. The joint motion stated, in part: 
The parties have reached a global settlement resolving all 85 claims arising out 
of the development and construction contract . . . ; 
By executing their Settlement Agreement and filing this Motion, the parties 
hereby stipulate to a Decision by the Board awarding eight million five-
hundred fifty thousand dollars and no cents ($8,550,000.00) to Appellant 
Higgins Development Partners, LLC and Skanska USA Building, Inc., as joint 
payees; and 
The parties further stipulate as follows: (a) they will not seek reconsideration 
of, or relief from, the Board’s decision; (b) they will not appeal the decision; 
and (c) they understand that the Board’s decision pursuant to this joint motion 
is an adjudication of the case on the merits. 
Decision 
Pursuant to the agreement of the parties and Rule 25(b), the Board adopts the parties’ 
joint motion for entry of decision by stipulation, and in accordance with the parties’ 
settlement agreement, the Board enters judgment as requested. The appeals are GRANTED 
IN PART in the amount of $8,550,000, inclusive of all interest and costs, to be paid in 
accordance with 31 U.S.C. § 1304. 
JERI KAYLENE SOMERS 
Board Judge 
We concur: 
CATHERINE B. HYATT HOWARD A. POLLACK 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: May 1, 2018
CBCA 5456
AHTNA ENVIRONMENTAL, INC., 
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Anne Marie Tavella and Traeger Machetanz of Davis Wright Tremaine LLP, 
Anchorage, AK, counsel for Appellant.
Rayann L. Speakman, Office of the Chief Counsel, Federal Highway Administration,
Department of Transportation, Vancouver, WA, counsel for Respondent.
LESTER, Board Judge.
ORDER
Appellant has filed a motion to dismiss this appeal with prejudice, indicating that the
parties have executed a settlement agreement resolving appellant’s claim.  Appellant’s
motion is granted.  This appeal is DISMISSED WITH PREJUDICE, with each party to
bear its own costs and expenses.
Harold D. Lester, Jr. 
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: September 23, 2014
CBCA 3779
CCE DISCOVERY GROUP, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Margaret R. Shelton, Denton, TX, counsel for Appellant.
William H. Butterfield, Eric J. Nestor, and Wilbert Jones, Office of the Judge
Advocate General, United States Coast Guard, Department of Homeland Security,
Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
CCE Discovery Group, Inc. appealed the deemed denial by a contracting officer of
the United States Coast Guard (part of the Department of Homeland Security) of a claim for
equitable adjustment and breach of contract under a contract for recovery audits of
telecommunications contracts.
The parties engaged in alternative dispute resolution conferences with Board Judge
H. Chuck Kullberg.  The discussions resulted in settlement of the case.  The appellant has
now asked us to dismiss the appeal with prejudice.


CBCA 3779 2
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
DISMISSED WITH PREJUDICE: April 30, 2014
CBCA 3511
SKALAR, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Mark Payne, Regional Manager of Skalar, Inc., Buford, GA, appearing for Appellant.
Emily E. Parkhurst, Office of the Solicitor, Department of the Interior, Lakewood,
CO, counsel for Respondent.
STEEL, Board Judge.
ORDER
The parties have informed the Board that they have reached a settlement concerning
the instant appeal.  Appellant and the Government jointly request that the appeal be
dismissed with prejudice.  Accordingly, this appeal is hereby DISMISSED WITH
PREJUDICE.
     _______________________________
     CANDIDA S. STEEL
     Board Judge
DISMISSED WITH PREJUDICE: February 16, 2018
CBCA 5919
CARPET MASTER,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Raul Elvins, President of Carpet Master, Las Vegas, NV, appearing for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On February 14, 2018, the parties filed a joint motion to dismiss this matter, advising
the Board that the parties had successfully settled the appeal.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE.
___________________________
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: April 17, 2012 
CBCA 2787 
RKL CONSTRUCTION, LLC, 
Appellant, 
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
 
Respondent. 
Ryan Lynn, Owner of RKL Construction, LLC, Mona, UT, appearing for Appellant. 
Russell L. Emery, Office of Regional Counsel, Department of Veterans Affairs, 
Denver, CO; and Phillipa L. Anderson, Office of the General Counsel, Department of
 
Veterans Affairs, Washington, DC, counsel for Respondent.
 
DANIELS , Board Judge (Chairman).
 
ORDER 
RKL Construction, LLC appealed a decision of a Department of Veterans Affairs 
contracting officer which denied a claim for reimbursement of expenses in the amount of 
$8876.25 incurred with regard to work allegedly performed at the direction of the agency on 
a project in Nephi, Utah. 
The parties have amicably resolved the dispute, with the agency agreeing to pay the 
sum in question and neither party admitting any fault or liability. The appellant has requested 
that the case be dismissed with prejudice. 

 
      
_________________________ 
  
 
2 CBCA 2787
 
Accordingly, the case is DISMISSED WITH PREJUDICE .
 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE:  December 7, 2021
CBCA 6192, 6804
ACC CONSTRUCTION-McKNIGHT JOINT VENTURE, INC.,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Karl F. Dix, Jr., Lochlin B. Samples, Parker A. Lewton, and Steven J. Stuart of Smith,
Currie & Hancock LLP, Atlanta, GA, counsel for Appellant.
Thomas D. Dinackus and Erin M. Kriynovich, Office of the Legal Adviser, Buildings
and Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On December 6, 2021, the parties filed a joint motion seeking dismissal of these
appeals, representing that they have settled the underlying dispute.  The parties’ motion is
granted.  The appeals are DISMISSED WITH PREJUDICE.   
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITHOUT PREJUDICE: December 19, 2018
CBCA 6086
MNQ BUSINESS SOLUTIONS, LLC,
Appellant,
v.
DEPARTMENT OF STATE, 
Respondent.
Lee Dougherty, Paul N. Murphy, and Katherine S. Saphier of Effectus PLLC,
Washington, DC, counsel for Appellant.
Dennis J. Gallagher and Jeffrey A. Regner, Office of the Legal Adviser, Buildings and
Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent.
HYATT, Board Judge. 
ORDER
On December 14, 2018, the parties filed a joint motion to dismiss this appeal without
prejudice pursuant to Board Rule 12(b)(2).  Accordingly, the motion is granted and the
appeal is DISMISSED WITHOUT PREJUDICE.
   Catherine B. Hyatt        
CATHERINE B. HYATT
Board Judge
DISMISSED WITH PREJUDICE: May 13, 2015
CBCA 2397
EM LOGGING,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Tonn K. Petersen and Robert A. Maynard of Perkins Coie LLP, Boise, ID, counsel
for Appellant.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture,
Missoula, MT, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
The Board granted the appeal of EM Logging, reaching the entitlement issue.  EM
Logging v. Department of Agriculture, CBCA 2397, 13 BCA ¶ 35,350.  The parties have
resolved the quantum issue.  In accordance with the parties’ agreement and stipulation, dated
May 12, 2015, the Board DISMISSES WITH PREJUDICE this appeal.
_______________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED: July 17, 2012 
CBCA 2811 
VOA/ELLERBE BECKET, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Thomas G. Anglim, AIA, or VOA/Ellerbe Becket, LLC, Orlando, FL, appearing for 
Appellant; and James K. Lowe, Jr., and Howard Cohen of AECOM Technology Corporation, 
Roanoke, VA, counsel for Appellant. 
Joylyn Winter, Charlma Quarles, and Stacey North-Willis, Office of the General 
Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
The Department of Veterans Affairs (VA) entered into a contract with VOA/Ellerbe 
Becket, LLC for the provision of professional architecture and engineering services for the 
design of improvements to the department’s medical center in Bay Pines, Florida. The 
contractor claimed that it should be paid $99,808.64 for costs it incurred in obtaining an 
environmental resource permit from a local government authority in fulfilling its 
responsibilities under the contract. A VA contracting officer denied the claim, and the 
contractor appealed his decision. 

 
              
             
    
_________________________ 
  
 
2 CBCA 2811 
The parties have now agreed that the VA will pay the contractor $60,000 for obtaining 
the permit. The contractor has consequently asked the Board to dismiss the appeal. 
Accordingly, the appeal is DISMISSED . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITHOUT PREJUDICE: February 1, 2021
CBCA 7022
WRIGHT CONSULTANTS & ASSOCIATES, LLC,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Douglas L. Patin and Lee-Ann Brown of Bradley Arant Boult Cummings LLP,
Washington, DC, counsel for Appellant.
Thomas Sutton and Daniel K. George, Office of General Counsel, Federal Bureau of
Prisons, Department of Justice, Washington, DC, counsel for Respondent.
BEARDSLEY, Board Judge.
On January 27, 2021, the parties jointly requested to dismiss this appeal without
prejudice.  Pursuant to CBCA Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2018)), this appeal is
DISMISSED WITHOUT PREJUDICE.  
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE:  June 18, 2025
CBCA 8255
KNIGHTO, LLC dba KNIGHT SOLUTIONS,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Lucas F. Webster and Heather K. Yeung of Davis, Agnor, Rapaport & Skalny, LLC,
Columbia, MD, counsel for Appellant.
Laetitia C. Coleman, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
KANG, Board Judge.
By motion filed June 17, 2025, appellant seeks dismissal of this appeal with prejudice
in accordance with the settlement agreement executed by the parties.  Pursuant to Board
Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)), this appeal is DISMISSED WITH
PREJUDICE.
    Jonathan L. Kang         
JONATHAN L. KANG
Board Judge
DISMISSED WITH PREJUDICE: March 20, 2007 
CBCA 344 
WRANGLER ENTERPRISES, INC., 
Appellant, 
v. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 
Respondent. 
Phillip J. Binotto, Jr. and Marcia L. DePaula of Eckert Seamans Cherin & Mellott, 
LLC, Canonsburg, PA, counsel for Appellant. 
Brenda D. Joseph-Chambers, Office of General Counsel, Department of Housing 
and Urban Development, Washington, DC, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
Wrangler Enterprises, Inc. (WEI) filed this appeal with the Department of Housing 
and Urban Development (HUD) Board of Contract Appeals against the Washington 
County (Pennsylvania) Housing Authority (WCHA). 1   The Government moved to dismiss 
1 This appeal was docketed at that board of contract appeals as HUD BCA 06-K-101­
C2.  On January 6, 2007, the HUD board was terminated and its judges and cases were 
transferred to the newly-established Civilian Board of Contract Appeals. Pub. L. No. 109­

  
  
 
 
  
 
______________________________ 
2 CBCA 344 
this appeal for lack of jurisdiction under the Contract Disputes Act of 1978 (CDA), 41 
U.S.C. §§ 601-613 (2000), citing the fact that appellant’s claim arose out of a contract 
with the WCHA and not HUD.  WEI argued, initially, that it had standing to bring this 
appeal under the CDA because HUD had funded the contract between WEI and the 
WCHA. 
During a conference call on March 1, 2007, appellant represented that this appeal 
had been brought because of uncertainty as to the proper forum for bringing its claim 
against the WCHA and would be willing to stipulate that this Board has no jurisdiction in 
this appeal.  On March 13, 2007, the parties jointly requested that this appeal be 
dismissed with prejudice.  
This appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge 
163, § 847, 119 Stat. 3136, 3391-95 (2006).  The case was docketed by this Board as CBCA 
344.
GRANTED IN PART:  October 3, 2024
CBCA 7893
HENSEL PHELPS CONSTRUCTION COMPANY,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Hal J. Perloff of Husch Blackwell LLP, Washington, DC, counsel for Appellant.
Jay Bernstein and David C. Charin, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
 
Before Board Judges RUSSELL, SHERIDAN, and CHADWICK.
SHERIDAN, Board Judge.
On September 19, 2024, the parties jointly moved for entry of a stipulated judgment
in the amount of $1,575,000, inclusive of interest and attorneys fees, to be paid by the
respondent, General Services Administration (GSA), to the appellant, Hensel Phelps
Construction Company (HP), through the permanent, indefinite judgment fund in
accordance with 31 U.S.C. § 1304 (2018).  See Rule 25(b) (48 CFR 6101.25(b) (2023)).
In their joint motion, the parties further stipulated that, pursuant to Rule 25(b)(2), they
will not seek reconsideration of, seek relief from, or appeal the Board’s decision awarding
the stipulated amount.


CBCA 7893 2
Decision
The appeal is GRANTED IN PART.  GSA shall pay HP the amount of
$1,575,000.  Payment may be made pursuant to Rule 31.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
We concur:
   Beverly M. Russell              Kyle Chadwick                
BEVERLY M. RUSSELL KYLE CHADWICK
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  June 15, 2018
CBCA 3449, 3523, 3625, 3980, 4074, 5936, 5937
HITT CONTRACTING, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Roger C. Jones and Nicole L. Campbell of Huddles Jones Sorteberg & Dachille, P.C.,
Columbia, MD, counsel for Appellant.
Catherine Crow, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
On June 14, 2018, the parties filed a joint motion to dismiss these appeals with
prejudice pursuant to Board Rule 12(c) (48 CFR 6101.12(c) (2017)).  This motion is
granted, and thus, these appeals are DISMISSED WITH PREJUDICE.  
   Jeri Kaylene Somers       
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: August 19, 2021 
CBCA 7032
DEV MANAGEMENT LLC,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Mark E. Schmidt, Michael R. Blankenship, and Christopher T. Koehnke of von Briesen &
Roper, S.C., Milwaukee, WI, counsel for Appellant.
Michael Noyes and Nicole Hutchinson, Office of Chief Counsel, United States Secret
Service, Department of Homeland Security, Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On August 12, 2021, the parties filed a joint stipulation for dismissal with prejudice. 
Accordingly, this matter is DISMISSED WITH PREJUDICE.
     Patricia J. Sheridan     
PATRICIA J. SHERIDAN
Board Judge
DISMISSED: July 28, 2011 
CBCA 2025 
CERES CARIBE, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE 
Respondent. 
Karl Dix, Jr. of Smith, Currie & Hancock, LLP, Atlanta, GA, counsel for Appellant. 
Mark R. Simpson, Office of the General Counsel, Department of Agriculture, 
Atlanta, GA, counsel for Respondent. 
POLLACK, Board Judge. 
ORDER 
This appeal was from a final decision dated March 12, 2010, wherein the contracting 
officer (CO) addressed matters contained in a proposal from Ceres Caribe (Caribe). Soon 
after, it became apparent that the final decision was defective in that it was not in response 
to a formal claim submitted by Caribe. Appellant filed a motion to dismiss, challenging the 
Board’s jurisdiction; noting that it was forced to file its appeal as a protective measure; and 
asserting that while it had claims under the contract, the claims had not been submitted to the 
CO. After discussion, both parties agreed that appellant would present its claim to the CO 
and the CO would issue a new final decision on that claim. Once that was accomplished, the 
instant appeal would be dismissed. 

               
   
                 
            
     
     
_______________________________________ 
  
 
                                                                                                                          2 CBCA 2025
On January 28, 2011, the CO issued a final decision in response to appellant’s claim. 
That matter was then appealed on March 17, 2011, and docketed as CBCA 2347.  By order 
of June 3, 2011, the Board confirmed to the parties that, as the new appeal had been filed, 
the Board would dismiss CBCA 2025 and incorporate all documents filed in conjunction 
with that appeal into CBCA 2347. 
Accordingly, CBCA 2025 is DISMISSED . 
HOWARD A. POLLACK 
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE: May 6, 2010
 
CBCA 1889
 
TRAUTMAN’S PAINTING,
 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Brett Trautman, Port Charlotte, FL, representing Appellant. 
Scott F. McCleary, Office of Regional Counsel, General Services Administration, 
Chicago, IL, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have settled the instant appeal. The termination for default that was the 
subject of the appeal has been converted to a no-cost termination for the Government’s 
convenience, and the parties’ settlement agreement contains a complete release by appellant 
of any and all claims it may have relating to the contract.  Accordingly, the appeal is 
DISMISSED WITH PREJUDICE. 
RICHARD C. WALTERS 
Board Judge
DISMISSED WITH PREJUDICE: October 8, 2021
CBCA 7144
MELWOOD HORTICULTURAL TRAINING CENTER, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Christie Roberts, Vice President and Corporate Counsel of Melwood Horticultural
Training Center, Inc., Upper Marlboro, MD, counsel for Appellant.
Jay Bernstein, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On October 6, 2021, the Board received appellant’s motion to dismiss the appeal
under Board Rule 12(b)(2). 48 CFR 6101.12(b)(2) (2020). The motion is granted. The
appeal is DISMISSED WITH PREJUDICE.
Kathleen J. O’Rourke
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: February 4, 2009 
CBCA 738 
FUTURE-TEC MANAGEMENT SYSTEMS, INC., 
Appellant, 
v. 
DEPARTMENT OF ENERGY, 
Respondent. 
Marva Jo Camp, Upper Marlboro, MD, counsel for Appellant. 
Benjamin Klein and Patricia D. Graham, Office of the General Counsel, Department 
of Energy, Washington, DC, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On January 26, 2009, the parties filed a joint stipulation that informed the Board that 
a settlement of this appeal had been reached.  Attached to the joint stipulation was a final 
release signed by representatives of both parties.  The joint stipulation also represented that 
a copy of a bilateral modification of the contract would be forwarded separately to the Board. 
On February 2, 2009, the Board received a copy of a bilateral modification that 
incorporated the terms of the parties’ final release. 

______________________ 
2 CBCA 738 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE:  March 27, 2026
CBCA 8815
HEARTLAND ENERGY PARTNERS LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
William A. Shook of The Law Offices of William A. Shook PLLC, Washington, DC,
counsel for Appellant.
Alexander W. Fichtel, Office of the Solicitor, Department of the Interior, Lakewood,
CO, counsel for Respondent.
LESTER, Board Judge.
ORDER
The parties have jointly filed a motion to dismiss this appeal with prejudice,
representing that they have settled the dispute underlying the appeal and have fulfilled the
terms of a settlement agreement.  Consistent with the parties’ request, this appeal is
DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
______________________________ 
DISMISSED WITH PREJUDICE: February 19, 2010 
CBCA 1622 
DOUG O’BRYAN CONTRACTING, INC., 
Appellant, 
v. 
DEPARTMENT OF TRANSPORTATION, 
Respondent. 
Thomas R. Olson of Olson & Price, Ltd., West Saint Paul, MN, counsel for Appellant. 
David Sett, Division Counsel, Central Federal Lands Highway Division, Federal 
Highway Administration, Department of Transportation, Lakewood, CO, counsel for 
Respondent. 
VERGILIO , Board Judge. 
ORDER 
On June 25, 2009, the Board received from Doug O’Bryan Contracting, Inc. 
(contractor) a notice of appeal seeking payment of $913,497.39 and a time extension of 209.5 
days for unavoidable delays under its contract, DTFH68-07-C-00025, with the Department 
of Transportation, Federal Highway Administration, Central Federal Lands Highway 
Division, to construct a roadway.  Formal proceedings were suspended, while the parties 
engaged in mediation.  On February 19, 2010, the Board received from the contractor a 
request for a dismissal with prejudice; the parties have settled the case and executed a 
binding settlement agreement. The Board DISMISSES WITH PREJUDICE  this appeal. 
JOSEPH A. VERGILIO 
Board Judge
DISMISSED WITH PREJUDICE: July 6, 2017
CBCA 5320
MELWOOD HORTICULTURAL TRAINING CENTER, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Larysa M. Kautz of Melwood Horticultural Training Center, Inc., Upper Marlboro,
MD, counsel for Appellant.
Elyssa Tanenbaum, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On May 10, 2016, the Board received from Melwood Horticultural Training Center,
Inc. a notice of appeal involving contract GS-11P-12-MA-D-0084 with the General Services
Administration.  Formal proceedings were suspended at the request of the parties.  In
accordance with a request of Melwood received on July 5, 2017, under Rule 12, 48 CFR
6101.12 (2016), the Board DISMISSES WITH PREJUDICE this appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED IN PART:  January 29, 2009 
CBCA 1390 
MWH AMERICAS, INC., 
A p p e l l a n t , 
v.
   AGENCY FOR INTERNATIONAL DEVELOPMENT, 
Respondent.
 Steven M. Masiello and Arash Heidarian of McKenna Long & Aldridge LLP, 
Denver, CO, counsel for Appellant. 
John B. Alumbaugh and Elizabeth A. Ransom, Office of General Counsel, Agency 
for International Development, Washington, DC, counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
On October 27, 2008, appellant, MWH Americas, Inc. (MWH), timely appealed the 
final decision of the contracting officer (CO) for the Agency for International Development 
(respondent), who demanded payment from MWH in the amount of $5,182,162, under 
contract numbers 263-C-00-99-0008-00, 263-C-00-99-0018-00, 263-C-00-01-00007-00, 284­
C-00-00-00025-00, LAG-I-00-98-00002-00, LAG-I-00-00034-00, LAG-I-00-98-00004-00, 
and LAG-I-804-98-00024-00.  Appellant filed its complaint on November 26, 2008.  On 
December 9, 2008, the CO issued an amendment to the final decision, allowing previously 
disallowed costs under contract numbers 263-C-00-99-0018-00, 284-C-00-00-00025-00, 

 
 
  
    
   
 
 
 
      
  
__________________________________ 
2 CBCA 1390 
LAG-I-00-98-00002-00, LAG- I-00-00034-00, LAG- I-00-98-00004-00, and LAG-I-804-98­
00024-00.  The parties requested a conference call with the Board for guidance on how to 
proceed in light of the amended final decision.  A telephonic conference with the parties was 
convened on January 9, 2009, and it was agreed that the parties would file a stipulation of 
settlement regarding the costs that were disallowed in the initial final decision, and 
subsequently allowed in the amended final decision. 
The parties filed a joint stipulation on January 21, 2009, stating in pertinent part: 
6. The amendment to the Final Decision reduces the amount 
disallowed by the CO to $2,227,484 and limits the contracts at issue to contract 
numbers 263-C-00-99-0008-00 and 263-C-00-01-00007-00. Thus, the Final 
Decision, as amended, no longer raises any actual controversy between the 
parties concerning MWH’s entitlement to payment of $2,954,678 under 
contract numbers 263-C-00-99-0018-00, 284-C-00-00-00025-00, LAG-I-00­
98-00002-00, LAG-I-00-00034-00, LAG-I-00-98-00004-0 and LAG-I-804-98­
00024-00 (the “Undisputed Costs”). 
7.            In accordance with the Final Decision, as amended, the parties 
agree that the amount remaining at issue in this appeal is $2,227,484 under 
contract numbers 263-C-00-99-0008-00 and 263-C-00-01-00007-00. 
In light of the above stipulation, appellant’s claims in this appeal pertaining to contract 
numbers 263-C-00-99-0018-00, 284-C-00-00-00025-00, LAG-I-00-98-00002-00, LAG-I-00­
00034-00, LAG-I-00-98-00004-0, and LAG-I-804-98-00024-00, in the amount of 
$2,954,678, are hereby DISMISSED . The Board retains jurisdiction over appellant’s appeal 
of disputed costs under contract numbers 263-C-00-99-0008-00 and 263-C-00-01-00007-00, 
in the amount of $2,227,484. 
BERYL S. GILMORE 
Board Judge
DISMISSED WITH PREJUDICE: March 10, 2014
CBCA 3453
KLAMATH WILDLIFE RESOURCES,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Brian Shaw, Owner of Klamath Wildlife Resources, Redding, CA, appearing for
Appellant.
Elin Dugan, Office of the General Counsel, Department of Agriculture, San Francisco,
CA, counsel for Respondent.
WALTERS, Board Judge.
ORDER
The parties have notified the Board that the matter has been settled.  Pursuant to their
settlement agreement, appellant has withdrawn its appeal.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE. 
______________________
RICHARD C. WALTERS
Board Judge
DISMISSED WITH PREJUDICE:  January 28, 2015
CBCA 3819
AMERICAN SMALL BUSINESS ALLIANCE, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Victor G. Klingelhofer and Nicole D. Picard of Cohen Mohr LLP, Washington, DC,
counsel for Appellant.
Joshua S. Bartz and James C. Richardson, Jr., Office of the General Counsel,
Department of Homeland Security, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On January 26, 2015, appellant filed a notice to dismiss this matter, advising the
Board that the parties had successfully settled the appeal.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
GRANTED IN PART:  June 4, 2026
CBCA 8097, 8139, 8154, 8272, 8273, 8274, 8275, 8276
NORTHLAND|CIANBRO, A JOINT VENTURE,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Ryan M. Charlson and Brian P. Kirwin of Kirwin Norris, P.A., Orlando, FL, counsel
for Appellant.
James Scott, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges LESTER, RUSSELL, and GOODMAN.
LESTER, Board Judge.
On May 19, 2026, appellant, Northland|Cianbro, a Joint Venture (Northland), and
respondent, the General Services Administration (GSA), filed a joint motion requesting the
entry of a stipulated judgment in Northland’s favor in the amount of $882,356, inclusive of
all interest under the Contract Disputes Act (CDA), 41 U.S.C. § 7109 (2024), that has
accrued prior to the date of the Board’s entry of judgment, with payment to be made through
the permanent indefinite judgment fund, 31 U.S.C. § 1304.  As clarified by the parties’ filing
with the Board on June 3, 2026, CDA interest will again begin to accrue on the judgment
amount on the date that the Board enters this judgment, and CDA interest will continue to
accrue until Northland receives payment of the judgment amount, with accrued interest.  The
parties agree that, upon entry of the requested final stipulated judgment and in accordance


CBCA 8097, 8139, 8154, 8272, 8273, 8274, 8275, 8276 2
with the parties’ settlement agreement, all disputes, claims, counterclaims, and issues that
were presented in CBCA 8097, 8139, 8154, 8272, 8273, 8274, 8275 and 8276 will be fully
and finally settled and resolved.  The parties have further stipulated that they will not seek
reconsideration of, seek relief from, or appeal the Board’s entry of judgment awarding the
stipulated amount to Northland.  See Rule 25(b) (48 CFR 6101.25(b) (published in eCFR)).
Decision
These consolidated appeals are GRANTED IN PART.  GSA shall pay $882,356 to
Northland in full settlement (inclusive of any CDA interest accrued to date) of CBCA 8097,
8139, 8154, 8272, 8273, 8274, 8275, and 8276, with additional CDA interest running from
the date of this judgment until the payment date.  Northland waives any right that it may have
to recover attorney fees, costs, and expenses that it may have incurred in conjunction with
these appeals and, except to the extent identified above, interest on its claims.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
We concur:
   Beverly M. Russell              Allan H. Goodman        
BEVERLY M. RUSSELL ALLAN H. GOODMAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  February 1, 2008 
CBCA 61 
PRO KLEEN INDUSTRIAL SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Jeff J. Spangler and Brian D. Shonk of Dager, Johnston, Miller, Ogilvie & Hampson, 
LLP, Lancaster, OH, counsel for Appellant. 
Daniel L. Winand, Office of Procurement Law, United States Coast Guard, 
Department of Homeland Security, Washington, DC, counsel for Respondent. 
STERN , Board Judge. 
ORDER 
Pro Kleen Industrial Services, Inc. (appellant) was awarded a contract requiring it to 
supply shower trailers to the United States Coast Guard for a period of six months.  Appellant 
filed this appeal with the Department of Transportation Board of Contract Appeals 
1(DOTBCA)  from the contracting officer’s demand for a return of overpayments, in excess
of $150,000, under the contract. 
1 Pursuant to statute, all cases pending before the DOTBCA were transferred to 
the Civilian Board of Contract Appeals (CBCA) on January 6, 2007. Pub. L. No. 109-163, 
§ 847, 119 Stat. 3136 (2006). 

                                                                                         
  
________________________________ 
         2 CBCA 61                              
After the appeal was filed, the parties engaged in settlement negotiations and resolved 
all outstanding issues.  The parties jointly move to dismiss the appeal. 
The motion is granted.  The appeal is DISMISSED WITH PREJUDICE . 
JAMES L. STERN 
Board Judge
DISMISSED WITHOUT PREJUDICE:  September 11, 2014
CBCA 2347
CERES CARIBE, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Karl Dix, Jr. of Smith, Currie & Hancock, LLP, Atlanta, GA, counsel for Appellant.
Mark R. Simpson, Office of the General Counsel, Department of Agriculture,
Atlanta, GA, counsel for Respondent.
POLLACK, Board Judge.
ORDER
On September 10, 2014, appellant filed a notice to dismiss this matter without
prejudice, advising the Board that the parties had settled and executed the settlement
agreement in the appeal.  Accordingly, the appeal is DISMISSED WITHOUT
PREJUDICE.
_________________________________
HOWARD A. POLLACK
Board Judge
DISMISSED WITH PREJUDICE: June 30, 2020
CBCA 6559, 6647
WILLIAMS BUILDING COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties resolved this case and jointly request dismissal with prejudice. 
Accordingly, the appeals are DISMISSED WITH PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: August 21, 2015
CBCA 3671, 4429
P3 PARTNERS, LLC,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
G. Matthew Koehl of Holland & Hart LLP, Boise, ID, counsel for Appellant.
Christian Jordan and Christopher J. Reames, Office of Chief Counsel, Transportation
Security Administration, Department of Homeland Security, Arlington, VA, counsel for
Respondent.
GOODMAN, Board Judge.
ORDER
The parties have entered into a settlement agreement that resolves all matters at issue
in the above-captioned appeals and request that the appeals be dismissed with prejudice. 
Accordingly, these appeals are DISMISSED WITH PREJUDICE.
_______________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: June 12, 2018
CBCA 6112
TETRA TECH ARD,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Robert Nichols of Nichols Liu LLP, Washington, DC, counsel for Appellant.
John B. Alumbaugh, Office of the General Counsel, Agency for International
Development, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge
ORDER
The parties settled this dispute and jointly request dismissal.  Accordingly, the appeal
is DISMISSED WITH PREJUDICE.
  Kyle Chadwick              
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: December 12, 2018
CBCA 6222
DESIGN & INTEGRATION, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Adam C. Harrison and Eli Robbins of Harrison Law Group, Towson, MD, counsel
for Appellant.
Dana-Marie Akpan, Office of the Solicitor, Department of the Interior, Washington,
DC; and William B. Blake,  Office of the Solicitor, Department of the Interior, Herndon, VA,
counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On December 11, 2018, the appellant filed a joint consent motion to dismiss the
above-captioned appeal with prejudice.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
  Patricia J. Sheridan       
PATRICIA J. SHERIDAN
Board Judge
DISMISSED: April 27, 2009 
CBCA 1565 
PROFESSIONAL AND SCIENTIFIC ASSOCIATES, INC., 
Appellant, 
v. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES, 
Respondent. 
David P. Metzger of Arnold & Porter LLP, McLean, VA, counsel for Appellant. 
Daniel J. Barry, Office of the General Counsel, Department of Health and Human 
Services, Washington, DC, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
On April 22, 2009, Professional and Scientific Associates, Inc. appealed a decision 
of a Department of Health and Human Services contracting officer.  The decision terminated 
for cause a contract between the parties for the provision of logistical support for the 
planning and execution of advisory committee meetings, and other ad hoc meetings and 
conferences. 
Two days later, the appellant filed a motion to dismiss. The motion states that the 
parties have reached a settlement in the case. 

 
_________________________ 
2 CBCA 1565
 
Accordingly, the case is DISMISSED .
 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE: August 3, 2021
CBCA 6953
OPTIMUM SOFTWARE SOLUTIONS, INC.,
Appellant,
v.
RAILROAD RETIREMENT BOARD,
Respondent.
Gordon Griffin and Hillary J. Freund of Holland & Knight LLP, Washington, DC,
counsel for Appellant.
Peter J. Orlowicz and Debra Chesnin, Office of General Counsel, Railroad Retirement
Board, Chicago, IL, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On August 2, 2021, the parties advised the Board that they had reached a settlement
and requested that this appeal be dismissed.  Accordingly, this appeal is DISMISSED
WITH PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE: September 23, 2009 
CBCA 1281 
L & H CONSTRUCTION CO., INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Lisa H. Lesser and Charles F. Kenny of Peckar & Abramson, P.C., River Edge, NJ, 
counsel for Appellant. 
Colleen M. Dulin, Office of the Regional Solicitor, Department of the Interior, 
Lakewood, CO, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
Under a contract awarded by the Department of the Interior’s National Park Service, 
L & H Construction Co., Inc. (L & H) performed construction work at the Edison National 
Historic Site in New Jersey.  The contract was terminated for the convenience of the 
Government.  L & H then submitted a claim in the amount of $1,514,637 for termination 
costs; costs the contractor alleged it was owed due to delay, unabsorbed overhead, and extra 
work it performed; and damages asserted by a subcontractor to L & H, Circle Redmont, 
relating to building and installing stairs in one of the buildings.  The contracting officer 
decided that L & H was entitled to $380,150.  L & H appealed her decision. 

    
  
 
_________________________ 
2 CBCA 1281 
The parties have now settled the case. The agency has agreed to compensate L & H 
in the amount of $490,000, and separately to pay $231,400 to Circle Redmont.  The parties 
have asked the Board to dismiss the case with prejudice. 
The parties’ joint request is granted.  The case is DISMISSED WITH PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge