Kmisener/CBCA_Full huggingface dataset:
___________________________ 
  
 
DISMISSED: September 1, 2011 
CBCA 2503 
GEOTECHNICAL SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Ed Hubert, Vice President of Geotechnical Services, Inc., Olathe, KS, appearing for 
Appellant. 
Kristin Langwell, Office of Regional Counsel, Department of Veterans Affairs, Hines, 
IL, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On July 22, 2011, Geotechnical Services, Inc. appealed the final decision of a 
Department of Veterans Affairs (VA) contracting officer denying its claims under contract 
number VA263-C-1207, project number 636A8-11-012, for asbestos abatement at the VA’s 
Medical Center in Iowa City, Iowa. On August 31, 2011, appellant withdrew the appeal. 
Accordingly, the appeal is DISMISSED . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE: April 26, 2022
CBCA 7287
URBAN RENAISSANCE GROUP, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Wilhelm Dingler of Bullivant Houser Bailey PC, Seattle, WA, counsel for Appellant.
Kelly Y. Burnell, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On April 22, 2022, the parties informed the undersigned that the above-captioned
appeal had been settled and jointly moved that it be dismissed with prejudice.  Accordingly,
this matter is DISMISSED WITH PREJUDICE.
 Patricia J. Sheridan       
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  December 17, 2020
CBCA 6870
RES-CARE, INC. dba BRIGHTSPRING HEALTH SERVICES,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Allison L. Brown of BrightSpring Health Services, Louisville, KY, counsel for
Appellant.
Virginia K. Ackerman, Office of the Solicitor, Department of Labor, Washington, DC,
counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On December 17, 2020, the parties filed a motion 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        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: May 5, 2011 
CBCA 2187 
DEA HOLDINGS, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
J. William Williams and Erich N. Nichols of Watkins Ludlam Winter & Stennis, P.A., 
Gulfport, MS, counsel for Appellant. 
Katharine L. Healy, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
KULLBERG , Board Judge. 
ORDER 
On October 19, 2010, the Board docketed this appeal. On March 11, 2011, the Board 
was advised that the parties had finalized a settlement agreement in this appeal. In a joint 
motion dated April 28, 2011, the parties requested that this appeal be dismissed with 
prejudice. 

 
      
______________________ 
  
 
2 CBCA 2187 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE: April 27, 2022
CBCA 7242
BIZCON, LLC dba BIZCON CONSULTING,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Daniel P. Graham of McDermott Will & Emory LLP, Washington, DC, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend,
OR, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
Appellant filed an unopposed motion to dismiss this appeal. Accordingly, the appeal
is DISMISSED WITH PREJUDICE.
Allan H. Goodman
ALLAN H. GOODMAN
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:   July 1, 2009
 
CBCA 1015, 1016, 1017
 
DPR CONSTRUCTION, INC.,
 
Appellant, 
v. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES, 
Respondent. 
Charles F. Mitchell, Rockville, MD, counsel for Appellant. 
Mogbeyi E. Omatete, Office of the General Counsel, Department of Health and 
Human Services, Washington, DC, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On June 3, 2008, DPR Construction, Inc. filed notices of appeal in connection with 
disputes under contract number 223-02-9813. On June 26, 2009, the parties filed a joint 
motion to dismiss with prejudice pursuant to their settlement agreement. 
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
GRANTED IN PART:  August 3, 2011 
CBCA 2321 
HPI/GSA PROPERTIES ONE, L.P., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Scott M. Heimberg and Andrea T. Vavonese of Akin Gump Strauss Hauer & Feld 
LLP, Washington, DC, counsel for Appellant. 
Mel E. Myers, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges HYATT, GOODMAN, and McCANN. 
HYATT, Board Judge. 
This appeal is from a contracting officer’s decision denying a claim for $249,161.01, 
plus interest, for operating cost adjustments under a lease of office space in Philadelphia, 
Pennsylvania. The parties have resolved their dispute and have submitted an executed copy 
of a joint motion for judgment on stipulated settlement in the amount of $194,690.38, with 
payment to be made from the permanent indefinite judgment fund in accordance with 31 
U.S.C. § 1304 (2006). 
The parties stipulate that the judgment amount represents full and final settlement of 
the claim presented and is inclusive of all costs, attorney fees, and interest. The parties 

             
       
             
              
           
_________________________________ 
  
 
 
__________________________________ _________________________________ 
    
  
2 CBCA 2321 
further stipulate that they will not seek reconsideration of, or relief from, the Board’s 
decision, and they will not appeal the decision. 
Decision 
Pursuant to the parties’ motion, the appeal is GRANTED IN PART . The Board 
awards to HPI/GSA Properties One, L.P. the sum of $194,690.38, to be paid from the 
permanent indefinite judgment fund. 31 U.S.C. § 1304;  41 U.S.C. § 7108 (as codified by 
Pub. L. No. 111-350, 124 Stat. 3677, 3816 (2011)). 
CATHERINE B. HYATT 
Board Judge 
We concur: 
ALLAN H. GOODMAN R. ANTHONY McCANN 
Board Judge Board Judge 
.
DISMISSED WITH PREJUDICE: November 25, 2019
CBCA 6262
TRIPLE CANOPY, INC.,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Paul E. Pompeo and Amanda J. Sherwood of Arnold & Porter Kaye Scholer LLP,
Washington, DC; and Andrew K. Wible of Constellis, LLC, Reston, VA, counsel for
Appellant.
Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Rosslyn, VA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On November 22, 2019, the Board received the parties’ joint motion to dismiss in the
above-referenced matter.  The parties state that they have executed a settlement agreement
with payment made in full to appellant and request that the Board dismiss this appeal with
prejudice.  


CBCA 6262 2
In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  December 15, 2025
CBCA 8458
CITIZEN CONTRACTING GROUP, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jamie Winbury, Chief Executive Officer of Citizen Contracting Group, LLC, Tulsa,
OK, appearing for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On November 26, 2025, the parties filed a joint request for dismissal of this appeal
with prejudice, stating that they have resolved the underlying dispute.  Pursuant to Board
Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)), the appeal is DISMISSED WITH
PREJUDICE.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  July 21, 2023
CBCA 7331, 7332, 7333, 7334, 7335, 7336, 7337
CARAHSOFT TECHNOLOGY CORP.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Richard J. Conway and Samarth Barot of Blank Rome LLP, Washington, DC, counsel
for Appellant.
Tami S. Hagberg, Terrius D. Greene, and Anastasia M. Hautanen, Office of the
General Counsel, Department of Health and Human Services, Washington, DC, counsel for
Respondent.
KULLBERG, Board Judge.
ORDER
On July 20, 2023, appellant requested that the Board dismiss these appeals with
prejudice.  Accordingly, these appeals are DISMISSED WITH PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE:  July 12, 2024
CBCA 7983
GILBANE FEDERAL,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Joseph C. McGowan, Jr. of Rogers Joseph O’Donnell, PC, San Francisco, CA,
counsel for Appellant.
Gina M. Sirianni, Legal Service Command, United States Coast Guard, Department
of Homeland Security, Alameda, CA, and Bradley S. Blevins, Legal Service Command,
United States Coast Guard, Department of Homeland Security, Norfolk, VA, counsel for
Respondent.
LESTER, Board Judge.
ORDER
On July 9, 2024, the parties jointly requested dismissal of this appeal with prejudice,
representing that they have executed a contract modification that provides full accord and
satisfaction of the matters underlying this appeal.  The parties’ request is granted.  This
appeal is DISMISSED WITH PREJUDICE, with each party to bear its own costs and fees.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE:  June 26, 2026
CBCA 7807
GARDNER CONSTRUCTION AND INDUSTRIAL SERVICES, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Michael P. Sams and Joshua D. Klebanoff of Bowditch and Dewey LLP,
Southborough, MA, counsel for Appellant.
Teresa Garrity, Office of the Solicitor, Department of the Interior, Bloomington, MN,
counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On June 25, 2026, the parties filed a stipulation of dismissal with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  July 1, 2024
CBCA 7770
LASKEY-CLIFTON CORPORATION,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Thomas A. Larkin and David J. Guild II of Sokol Larkin, Portland, OR, counsel for
Appellant.
Rayann L. Speakman, Office of Chief Counsel, Federal Highway Administration,
Department of Transportation, Vancouver, WA; and Kristina Lea Porzio, Office of Chief
Counsel, Federal Highway Administration, Department of Transportation, Lakewood, CO,
counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On June 28, 2024, the parties jointly moved to dismiss this appeal with prejudice,
pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)).
The appeal is DISMISSED WITH PREJUDICE.
   Marian E. Sullivan        
MARIAN E. SULLIVAN
Board Judge
DENIED: October 28, 2013
CBCA 3239-R
THE DUCKE GROUPE, LLC dba HAVEN HOUSE VETERANS RESIDENCE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald A. Woodruff, Director of The Ducke Groupe, LLC, Cleveland, OH, appearing
for Appellant.
Lindsay C. Roop, Office of Regional Counsel, Department of Veterans Affairs,
Columbus, OH; and Natica C. Neely, Office of Regional Counsel, Department of Veterans
Affairs, Minneapolis, MN, counsel for Respondent.
VERGILIO, Board Judge.
On July 24, 2013, the Board received from The Ducke Groupe, LLC dba Haven
House Veterans Residence (contractor) a request for reconsideration of the decision issued
June 24, 2013, Ducke Groupe, LLC v. Department of Veterans Affairs, CBCA 3239, 13 BCA
¶ 35,337, denying the contractor’s claim.  The contractor alleges various factual and legal
errors in the opinion, raising, in part, arguments not previously raised, and referencing
material not in the evidentiary record.
The contractor has not provided a valid basis for reconsideration.  Rules 26, 27 (48
CFR 6101.26, .27 (2012)).  References by the contractor to regulations and case law
addressing matters a contracting officer should consider when formulating a solicitation that
may or may not include options are not relevant in this post-award context when the contract
included options.  The simple fact that the agency ordered fewer services during the first
option year than estimated at the time of award does not demonstrate any inaccuracy in


CBCA 3239-R 2
formulating the estimates.  The contractor overlooks the explicit cautions in the solicitation
and contract, wherein the agency noted that services to be required could not be determined
with any certainty, and that payment would be based upon services ordered and rendered. 
The contractor’s further attempts to reform the contract are unavailing.
Decision
The Board DENIES the motion for reconsideration.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITHOUT PREJUDICE: July 29, 2009 
CBCA 973, 1189 
CAROTEX CONSTRUCTION, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Victor Blackmon, President of Carotex Construction, Inc., Franklin, TX, appearing 
for Appellant. 
Thomas Y. Hawkins, Heather R. Cameron, and Leigh Erin S. Izzo, Office of General 
Counsel, General Services Administration, Washington, DC, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
Carotex Construction, Inc. (Carotex) filed two appeals concerning the General 
Services Administration’s termination for default of a contract for the lease of office and 
related space in a building to be constructed in Laurel, Mississippi.  In CBCA 973, Carotex 
challenged the termination itself; in CBCA 1189, it challenged the contracting officer’s 
denial of its claim for damages in the amount  of $1,520,632.20 resulting from  the 
termination. 
On July 29, 2009, Carotex filed the following statement: “Due to economic 
circumstances Carotex is hereby withdrawing [these appeals] without prejudice.” 

_________________________ 
2 CBCA 973, 1189 
Accordingly, the appeals are DISMISSED WITHOUT PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE: July 15, 2015
CBCA 4466
OSVALDO PAULET,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Osvaldo Paulet, pro se, Miami Lakes, FL.
Adrienne D. Bolton, Office of Regional Counsel, General Services Administration,
Atlanta, GA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On July 9, 2015, the Board was advised that the parties had reached a settlement in
this appeal and requested that it be dismissed.  Accordingly, this appeal is DISMISSED
WITH PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE: June 22, 2021
CBCA 6773, 6900
CLARK CONSTRUCTION GROUP, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Axel Bolvig III and Luke D. Martin of Bradley Arant Boult Cummings LLP,
Birmingham, AL; and Lee-Ann C. Brown of Bradley Arant Boult Cummings LLP,
Washington, DC, counsel for Appellant.
Ashley A. Lawson Williams, Cecily H. Chambliss, and Susan M. Chagrin, Office of
General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On June 16, 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: May 21, 2019
CBCA 6308
AFFIGENT, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Christopher A. Vandervoort of K&L Gates LLP, Seattle, WA; and Amy C. Hoang 
and Stuart B. Nibley of K&L Gates LLP, Washington, DC, counsel for Appellant.
Frank V. DiNicola and Colin L. Nash, Office of General Counsel, Department of
Veterans Affairs, Eatontown, NJ, counsel for Respondent.
BEARDSLEY, Board Judge.
ORDER
On May 15, 2019, the parties filed a joint motion to dismiss this appeal with prejudice
after having entered a settlement agreement resolving all matters in the appeal.  The parties’
motion is granted.  This appeal is DISMISSED WITH PREJUDICE.
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
DISMISSED FOR LACK OF JURISDICTION: April 7, 2015
CBCA 4518, 4519
UNITED SYSTEMS OF ARKANSAS, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Joel F. Hoover and Ashlea Brown of Hewland & Associates, PLLC, of Little Rock,
AR, counsel for Appellant.
Jeffri Pierre, Office of General Counsel, Department of Health and Human Services,
Baltimore, MD, and Richard Bergeron, Office of General Counsel, Department of Health and
Human Services, Washington, DC, counsel for Respondent.
Daniel P. Graham and Christine Reynolds of Wiley Rein LLP, Washington, DC,
counsel for Group Health Inc. (interested third party).
Before Board Judges DANIELS (Chairman), VERGILIO, and GOODMAN.
VERGILIO, Board Judge.
United Systems of Arkansas, Inc. (subcontractor, not a party to the underlying
contract), filed appeals at the Board each concerning a contracting officer’s decision which
asserted a claim directly against the subcontractor under a contract between the Department
of Health and Human Services (agency) and Group Health Inc. (contractor).  A motion and
cross-motion from the subcontractor and agency, respectively, ask the Board to dismiss for
lack of jurisdiction.  The parties recognize the statutory requirements for Board jurisdiction. 
The contractor has not brought or sponsored the appeals and the contracting officer did not
issue a decision directly to the contractor.  41 U.S.C. §§ 7101(7), 7103(a)(3), 7104 (2012). 
Because a decision by the Government against the contractor is lacking, as is a claim by the


CBCA 4518, 4519 2
contractor against the Government, the Board lacks jurisdiction to address or resolve the
apparent dispute between the agency and subcontractor.
Accordingly, the Board does not reach the merits of the appeals; instead, the appeals
are DISMISSED FOR LACK OF JURISDICTION.
____________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
____________________________ ____________________________
STEPHEN M. DANIELS ALLAN H. GOODMAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: January 24, 2020
CBCA 6051, 6052, 6053
MILES CONSTRUCTION, LLC, 
Appellant,
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Lane F. Kelman and Jacqueline J. Ryan of Cohen Seglias Pallas Greenhall & Furman,
Philadelphia, PA; Casey J. McKinnon of Cohen Seglias Pallas Greenhall & Furman P.C.,
Washington, DC, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA; and Donald C. Mobly, Office of General Counsel, Department of Veterans Affairs,
Denver, CO, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have advised that these appeals have been resolved and jointly request
dismissal.  Accordingly, these appeals are DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
GRANTED: April 7, 2011 
CBCA 1597 
SPECTRUM HEALTHCARE RESOURCES, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Amy L. O’Sullivan and James G. Peyster of Crowell & Moring LLP, Washington, 
DC, counsel for Appellant. 
Dennis Foley and Lynn Burleson, Office of the General Counsel, Department of 
Veterans Affairs, Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), BORWICK , and GOODMAN . 
BORWICK , Board Judge. 
This appeal involves a claim in the amount of $5,293,015 for direct costs incurred 
pursuant to a task order for nursing services that appellant alleged it was obligated to pay 
when the task order was modified to add the requirements of the Service Contract Act of 
1965, 41 U.S.C. §§  351 et seq. (2006). 
The parties have settled their dispute for $5,293,015, inclusive of interest and attorney 
fees. The parties have requested that the Board adopt their settlement by decision pursuant 
to Rule 25(b) and have stated that neither party will seek reconsideration of, or relief from, 
the Board’s decision and that neither party will appeal the decision.  

    
 
___________________________ 
____________________________ ___________________________ 
2 CBCA 1597 
Decision 
Pursuant to the agreement of the parties and Rule 25(b), the Board adopts the parties’ 
stipulation by decision.  This appeal is GRANTED in the amount of $5,293,015.  
ANTHONY S. BORWICK 
Board Judge 
We concur: 
STEPHEN M. DANIELS ALLAN H. GOODMAN 
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  March 6, 2009 
CBCA 1456 
XEROX CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Donald J. Walsh of Offit Kurman, P.A., Owings Mills, MD, counsel for Appellant. 
George Griffith, Office of the Legal Counsel, Federal Law Enforcement Training 
Center, Department of Homeland Security, Glynco, GA, counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
Appellant, Xerox Corporation, has settled its dispute with the Department of 
Homeland Security and therefore requests that the above-captioned appeal be dismissed. 
Accordingly, the appeal is hereby DISMISSED WITH PREJUDICE . 
CANDIDA S. STEEL 
Board Judge
DISMISSED WITH PREJUDICE:  September 28, 2016
CBCA 5422
SBBI, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
John T. Flynn of Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Atlanta, GA,
counsel for Appellant.
Christopher J. Morley, Office of the Regional Solicitor, Department of the Interior,
Salt Lake City, UT, counsel for Respondent.
SOMERS, Board Judge.
ORDER
The Board is in receipt of the appellant’s motion, filed on September 26, 2016, to
dismiss the above-referenced matter.  Appellant requests that the Board dismiss the appeal
with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE:  November 1, 2021
CBCA 6889
CALCEDO CONSTRUCTION CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Mark A. Canizio and Jessica Y. Singh of Duane Morris LLP, New York, NY, counsel
for Appellant.
Marcia A. McCree and Susan M. Chagrin, Office of General Counsel, Department of
Veterans Affairs, Washington, DC, counsel for Respondent.
LESTER, Board Judge.
ORDER
On October 29, 2021, the parties filed a joint motion seeking to dismiss this appeal,
representing that they have settled their underlying dispute.  The parties’ motion is granted. 
This appeal is DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE:  July 20, 2009
 
CBCA 1231, 1356
 
GREENWAY ENTERPRISES, INC.,
 
Appellant, 
v. 
DEPARTMENT OF STATE, 
Respondent. 
Palmer Hoovestal of Hoovestal Law Firm, PLLC, Helena, MT, counsel for Appellant. 
Luisa M. Alvarez, Office of the Legal Adviser, Department of State, Rosslyn, VA, 
counsel for Respondent. 
SOMERS, Board Judge. 
ORDER 
On June 16, 2008, Greenway Enterprises, Inc. (Greenway) appealed the deemed 
denied decision of a Department of State contracting officer under contract number 
SALMEC-02-D0028 for construction at the American Consulate in Calcutta, India, and the 
United States Embassy in Dhaka, Bangladesh.  On September 24, 2008, Greenway appealed 
the final decision of a Department of State contracting officer under contract  number 
SALMEC-02-D0028/0002 for construction of security upgrades at these two sites. 
On July 14, 2009, Greenway filed an unopposed motion to dismiss these appeals with 
prejudice, stating that the parties have settled all issues. 

__________________________ 
2 CBCA 1231, 1356
 
Accordingly, these appeals are DISMISSED WITH PREJUDICE .
 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WITH PREJUDICE:  June 1, 2026
CBCA 8687
ALESIA ARCHITECTURE P.C.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Scott N. Flesch and Connor W. Farrell of Miller & Chevalier Chartered, Washington,
DC, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motion filed May 29, 2026, appellant, Alesia Architecture P.C., asked the Board
to dismiss its appeal with prejudice because it no longer intends to prosecute the appeal.  The
appeal is DISMISSED WITH PREJUDICE, pursuant to Rule 12(b)(2) (48 CFR
6101.12(b)(2) (published in eCFR)).
    Marian E. Sullivan         
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  December 18, 2024
CBCA 8217
FORT FAIRFIELD BP, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Robert Clark, Managing Member, and John Clark, Authorized Representative of Fort
Fairfield BP, LLC, Falmouth, MA, appearing for Appellant.
David C. Charin and Alexander C. Vincent, Office of General Counsel, General
Services Administration, Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
Appellant, Fort Fairfield BP, LLC, moved to dismiss this appeal with prejudice. 
Respondent, General Services Administration, does not oppose the motion.  Accordingly, this
appeal is DISMISSED WITH PREJUDICE.
     Patricia J. Sheridan     
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  September 26, 2008
 
CBCA 1126-C(105)
 
HEDLUND CONSTRUCTION, INC.,
 
Applicant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Jon E. Cushman of Cushman Law Offices, P.S., Olympia, WA, counsel for Applicant. 
Mary E. Sajna, Office of the General Counsel, Department of Agriculture, Portland, 
OR, counsel for Respondent. 
McCANN, Board Judge. 
ORDER 
On February 19, 2008, the Board issued its decision on the merits in Hedlund 
Construction, Inc. v. Department of Agriculture , CBCA 105, 08-1 BCA ¶ 33,798. 
Subsequently, on March 20, 2008, Hedlund submitted a claim for attorney fees and expenses 
under the Equal Access to Justice Act, 5 U.S.C. § 504 (2000), in the amount of $51,869.44. 
That claim was suspended because it was filed before the time for appeal had expired.  The 
parties subsequently entered into discussions and have now filed a stipulated order of 
dismissal, notifying the Board that they have settled Hedlund’s claim for attorney fees and 
expenses.  In the stipulation the parties request dismissal of the case. 

__________________________________ 
2 CBCA 1126-C(105)
Accordingly, this case is DISMISSED WITH PREJUDICE .
 
R. ANTHONY McCANN 
Board Judge
DISMISSED FOR LACK OF JURISDICTION: August 10, 2018
CBCA 6228
ENGINEERING & ENVIRONMENT, INC.,
Appellant,
v.
DEPARTMENT OF THE AIR FORCE,
Respondent.
Surendera Kumar, President of Engineering & Environment, Inc., Virginia Beach,
VA, appearing for Appellant.
Maj. Douglas E. DeVore, Office of the Staff Judge Advocate, Headquarters, Air Force
Reserve Command, Department of the Air Force, Chicopee, MA, counsel for Respondent.
Before Board Judges VERGILIO, ZISCHKAU, and SULLIVAN.
SULLIVAN, Board Judge.
On August 7, 2018, the Board docketed the appeal of the June 19, 2018, contracting
officer’s decision terminating for default a contract between appellant and the Department
of the Air Force.  The Board lacks jurisdiction over this matter because the Armed Services
Board of Contract Appeals is the board responsible for hearing appeals involving Department
of the Air Force contracts.  41 U.S.C. § 7105(e)(1)(A) (2012).  Although the contracting
officer apparently provided the website address for the Civilian Board of Contract Appeals


CBCA 6228 2
(www.cbca.gov) when the appellant asked for information on the Board to which it could
appeal, this information was incorrect.  
Decision
The appeal is DISMISSED FOR LACK OF JURISDICTION. 
Marian E. Sullivan 
MARIAN E. SULLIVAN
Board Judge
We concur:
Joseph A. Vergilio Jonathan D. Zischkau
JOSEPH A. VERGILIO JONATHAN D. ZISCHKAU
Board Judge Board Judge
DISMISSED WITH PREJUDICE: September 20, 2011 
CBCA 2465 
NATIONAL CENTER FOR STATE COURTS, 
Appellant, 
v. 
AGENCY FOR INTERNATIONAL DEVELOPMENT, 
Respondent. 
Timothy M. Hughes, National Center for State Courts, Arlington, VA, counsel for 
Appellant. 
Natalie Thingelstad, Office of the General Counsel, Agency for International 
Development, Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On September 15, 2011, the parties indicated that the above-captioned matter had 
been settled and filed a joint motion to dismiss with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  May 10, 2010 
CBCA 1794 
BIRCHWOOD DETROIT, LLC 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Gregg E. Hutt of Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis, P.A., 
Tampa, FL, counsel for Appellant. 
Jan Stephenson Cohn, Office of Regional Counsel, General Services Administration, 
Chicago, IL, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On November 13, 2009, Birchwood Detroit, LLC, filed a noti ce of appeal in 
connection with a dispute under lease number GS-05B-1772, for the development and 
construction of leased space for the Department of Homeland Security in Detroit, Michigan. 
On April 30, 2010, 
Birchwood Detroit, LLC, filed a notice of voluntary dismissal requesting 
dismissal with prejudice.  Respondent has no objection to the dismissal of this appeal. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE: December 23, 2015
CBCA 3835, 3836, 3837, 4792
VET-TECH, LLC,
                                                         Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
                                                             Respondent.
Brian H. Leinhauser of The MacMain Law Group LLC, Malvern, PA, counsel for
Appellant.
Jennifer Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On December 22, 2015, the Board was informed by appellant that these matters were
“settled, discontinued and ended with prejudice.”  Accordingly, CBCA 3835, 3836, 3837,
and 4792 are DISMISSED WITH PREJUDICE.
                                                             
PATRICIA J. SHERIDAN
Board Judge
MOTION FOR RECONSIDERATION GRANTED; 
DECISION MODIFIED: March 24, 2015
CBCA 3724-R
LEEWARD CONSTRUCTION CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald R. Adams, Project Manager of Leeward Construction Corporation, Fort
Worth, TX, appearing for Appellant.
Lindsay C. Roop and Dennis M. McGuire, Office of Regional Counsel, Department
of Veterans Affairs, Columbus, OH, counsel for Respondent.
Before Board Judges POLLACK, McCANN, and ZISCHKAU.
McCANN, Board Judge.
Respondent has moved for partial reconsideration of the Board’s decision issued on
January 26, 2015.  Leeward Construction Corp. v. Department of Veterans Affairs, CBCA
3724, 15-1 ¶ 35,861.  Respondent contends that the Board, in the quantum portion of its
decision,  id. at 175,338, incorrectly awarded appellant ten percent for profit and ten percent
for overhead and should only have awarded appellant a ten percent fee.  Appellant has
declined to file a response to the motion.
Respondent is correct.  In its initial decision, the Board determined appellant’s fee by
incorrectly applying subsection (4), rather than (5), of the Department of Veterans Affairs
Acquisition Regulation (VAAR) 852.236-88(b) (48 CFR 852.236-88(b) (2011)).  The
subsections state:

CBCA 3724-R 2
(4) Allowances not to exceed 10 percent each for overhead and profit for the
party performing the work will be based on the value of labor, material, and
use of construction equipment required to accomplish the change.  As the
value of the change increases, a declining scale will be used in negotiating the
percentage of overhead and profit.  Allowable percentages on changes will not
exceed the following: 10 percent overhead and 10 percent profit on the first
$20,000; 7-1/2 percent overhead and 7-1/2 percent profit on the next $30,000;
5 percent overhead and 5 percent profit on balance over $50,000.  Profit shall
be computed by multiplying the profit percentage by the sum of the direct costs
and computed overhead costs.
(5) The prime contractor’s or upper-tier subcontractor’s fee on work performed
by lower-tier subcontractors will be based on the net increased cost to the
prime contractor or upper-tier subcontractor as applicable.  Allowable fee on
changes will not exceed the following: 10 percent fee on the first $20,000; 7-
1/2 percent fee on the next $30,000; and 5 percent fee on balance over
$50,000.
VAAR 852.236-88(b).
Since appellant is a prime contractor and the contract work was performed by a
subcontractor, VAAR 852.236-88(b)(5) is the provision that applies here.  Appellant is
entitled to a ten percent fee, rather than ten percent profit and ten percent overhead. 
Decision
Respondent’s motion for reconsideration is GRANTED.  The first sentence of the
final paragraph of the discussion portion of the Board’s decision is modified to read as
follows: “Leeward is entitled to an additional ten percent fee.” 
______________________________  
R. ANTHONY McCANN
Board Judge
We concur:
________________________________ _______________________________
HOWARD A. POLLACK JONATHAN D. ZISCHKAU
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  June 30, 2026
CBCA 7269, 7675, 7784, 7898, 7899, 7900, 7919, 8022
JITA CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Ricky L. Nolen, Jr., and Jordan F. Kaplan of Higgins, Hopkins, McLain &Roswell,
LLC, Denver, CO, counsel for Appellant.
Jack F. Gilbert, Office of Chief Counsel, Federal Highway Administration,
Department of Transportation, Lakewood, CO, counsel for Respondent.
LESTER, Board Judge.
ORDER
The parties have filed a joint motion to dismiss these consolidated appeals with
prejudice, citing to a fully executed settlement agreement between them.  The parties’ motion
is GRANTED.  These appeals are DISMISSED WITH PREJUDICE, with each party to
bear its own attorney fees, costs, and expenses.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: April 4, 2019
CBCA 6143
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald J. Walsh of Wright, Constable & Skeen, LLP, Baltimore, MD, counsel for
Appellant.
Neil S. Deol, Office of the General Counsel, Department of Veterans Affairs, Decatur,
GA; and Donald C. Mobly, Office of the General Counsel, Department of Veterans Affairs,
Denver, CO, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Kyle Chadwick             
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: January 12, 2016
CBCA 3696, 3697, 3698, 3699, 3700, 3701, 3703, 3708, 3709
HOMELAND SECURITY CONSTRUCTION CORP.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Victor G. Klingelhofer and Andrew K.Wible of Cohen Mohr LLP, Washington, DC,
counsel for Appellant.
Ricarto Brazela, Office of General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
WALTERS, Board Judge.
ORDER
The above-captioned appeals were resolved by means of alternative dispute resolution
(ADR) proceedings, and the settlement amounts have been paid.  Appellant has requested
that the appeals be dismissed with prejudice.  Accordingly, the appeals hereby are
DISMISSED WITH PREJUDICE. 
__________________________
RICHARD C. WALTERS
Board Judge
DISMISSED WITH PREJUDICE: March 5, 2014
CBCA 3691
ERKA CO., LTD.,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Paul D. Reinsdorf, Frankfurt am Main, Germany, counsel for Appellant.
Scott Risner, Office of the General Counsel, Agency for International Development,
Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
ERKA Co., Ltd. appealed the deemed denial of its claim for $1,002,737 under a
contract with the Agency for International Development for the supply and construction of
pharmaceutical warehouses in Ethiopia.
The parties have resolved their dispute, and the contractor has filed an unopposed
motion to dismiss the appeal with prejudice to its reinstatement.


CBCA 3691 2
The motion is granted.  The appeal is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
DISMISSED WITH PREJUDICE: April 22, 2019
CBCA 6136
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald J. Walsh of Wright, Constable & Skeen, LLP, Baltimore, MD, counsel for
Appellant.
Neil S. Deol, Office of the General Counsel, Department of Veterans Affairs, Decatur,
GA; and Donald C. Mobly, Office of the General Counsel, Department of Veterans Affairs,
Denver, CO, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Kyle Chadwick             
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE:  September 26, 2008 
CBCA 1148 
MAHONY TITLE SERVICES, 
Appellant, 
v. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 
Respondent. 
Sharon Cappony, Chief Operations Officer of Mahony Title Services, Mandeville, 
LA, appearing for Appellant. 
Gregory S. Walters, Office of Counsel, Department of Housing and Urban 
Development, Denver, CO, counsel for Respondent. 
STERN, Board Judge 
ORDER 
Appellant, Mahony Title Services (Mahony), filed this appeal with the Board on 
April 14, 2008, from the failure of the contracting officer of the Department of Housing and 
Urban Development (HUD) to issue a decision on its three claims arising out of its contract 
to act with HUD as a closing agent for certain housing units. 
The parties have advised the Board that they have settled all outstanding issues and 
ask that the appeal be dismissed. 

                                                                                                                        
 
   
____________________________ 
 
 
2 CBCA 1148 
In accordance with the agreement of the parties, this appeal is DISMISSED WITH 
PREJUDICE. 
JAMES L. STERN 
Board Judge
DISMISSED WITH PREJUDICE: April 4, 2018
CBCA 4994
SBBI, INC.,
Appellant,
v.
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
Respondent.
John T. Flynn, Scott A. Witzigreuter, and Joseph J. Minock of Weinberg, Wheeler,
Hudgins, Gunn & Dial, LLC, Atlanta, GA, counsel for Appellant.
Joseph A. Pixley, Civil Division, Commercial Litigation Branch, Department of
Justice, Washington, DC, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On March 28, 2018, the parties filed a joint request to dismiss this matter, advising
the Board that the parties had successfully settled this appeal.  The Board commends the
parties on their settlement, and consistent with the parties’ request, this appeal is
DISMISSED WITH PREJUDICE.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE: March 7, 2007 
CBCA 546 
CACI PREMIER TECHNOLOGY, INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Daniel J. Donohue of Akerman Senterfitt Wickwire Gavin, Vienna, VA, counsel for 
Appellant.  
Keith R. Larson, Office of the Solicitor, National Business Center, Department of the 
Interior, Fort Huachuca, AZ, counsel for Respondent. 
GILMORE , Board Judge. 
ORDER 
CACI Premier Technology, Inc. (CACI) filed a notice of appeal by letter dated 
December 21, 2006. In its complaint, CACI sought payment of $268,480.64, plus interest 
under the Prompt Payment Act, for work performed under certain delivery orders issued by 
the Department of the Interior’s National Business Center under Blanket Purchasing 
Agreement No. NBC00H01A0005.  
On March 5, 2007, the parties advised the Board that a settlement had been reached 
and jointly moved to dismiss the appeal with prejudice.  The Board grants the motion. 
Therefore, this appeal is DISMISSED WITH PREJUDICE . 
BERYL S. GILMORE 
Board Judge
___________________________ 
DISMISSED WITH PREJUDICE: February 29, 2008 
CBCA 927 
R.L. McDONNELL CONSTRUCTION, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Robert L.  McDonnell, Owner of R.L. McDonnell Construction,  Twentynine Palms, 
CA, appearing for Appellant. 
Marnie  G. Ganotis, Office of the General Counsel , Department of Agriculture, 
San Francisco, CA, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On September 28, 2007, R.L. McDonnell Construction appealed the final decision of 
a Department  of Agriculture contracting officer denying appellant’s request for settlement 
costs  unde r c ontract number AG-91S8-C-06-0061.  On February 26, 2008, appellant 
informed  the Board that the parties have entered into a settlement  agreement  and requested 
that the appeal be dismissed with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
_________________________________ 
  
    
DISMISSED WITH PREJUDICE: September 20, 2011 
CBCA 2030 
CSHV LINCOLN PLACE, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Robert C. MacKichan, Jr. of Holland & Knight LLP, Washington, DC, and 
William M. Pannier of Holland & Knight LLP, Los Angeles, CA, counsel for Appellant. 
Leonard E. Lucas III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
POLLACK , Board Judge. 
ORDER 
On September 15, 2011, the Board received a motion to dismiss with prejudice from 
counsel for appellant. The motion stated that the parties had reached a settlement of this 
matter, with each party agreeing to bear its own costs and fees. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE:  June 11, 2026
CBCA 8703
EASTERN SHIPBUILDING GROUP, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Tom Day, Contracts Manager of Eastern Shipbuilding Group, Inc., Panama City, FL,
appearing for Appellant.
Julia A. Lobosco and Gabriel D. Soll, Office of Acquisition and Procurement Law,
United States Coast Guard, Department of Homeland Security, Washington, DC, counsel for
Respondent.
GOODMAN, Board Judge.
ORDER
On June 9, 2026, appellant, with the concurrence of respondent, filed a motion to
withdraw this appeal, stating that, “based on agreement by the Parties,” appellant
“respectfully requests this Case No. 8703 be withdrawn.”  Accordingly, pursuant to Board
Rule 12(b)(2) and (5) (48 CFR 6101.12(b)(2), (5) (published in eCFR)), the appeal is
DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  July 29, 2009 
CBCA 690 
PRAD GROUP, INC., 
Appellant, 
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
 
Respondent. 
Kamyar Molavi of Freeman Mathis & Gary, LLP, Atlanta, GA, counsel for Appellant. 
Tracy Downing, Office of the General Counsel, Department of Veterans Affairs, 
Augusta, GA, counsel for Respondent. 
STERN , Board Judge. 
ORDER 
Appellant, Prad Group, Inc., appealed from the denial by the Veterans Administration 
of its claim for additional costs of $283,522, arising out of its contract for architectural and 
engineering services in connection with the James A. Haley Veterans’ Hospital in Tampa, 
Florida. 
After lengthy pretrial and alternative dispute resolution proceedings, the parties have 
resolved all issues and have jointly moved for dismissal. 

                                      
_____________________________ 
    2 CBCA 690                                                                                    
In accordance with the parties’ settlement agreement, the appeal is hereby 
DISMISSED WITH PREJUDICE . 
JAMES L. STERN 
Board Judge
DISMISSED WITH PREJUDICE: November 19, 2015
CBCA 5034
GREG CARLSON,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Greg Carlson, pro se, Phoenix, AZ.
Scott F. McCleary, Office of Regional Counsel, General Services Adminstration,
Chicago, IL, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On November 16, 2015, respondent filed a notice to dismiss this matter, advising the
Board that the parties had successfully settled the appeal. Appellant also confirmed via
telephone that the appeal was settled.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: March 29, 2017
CBCA 4947
ACADEMY PARTNERS, INC., dba ACADEMY TECHNOLOGY,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Timothy B. Hyland of Harris, St. Laurent & Chaudhry LLP, Reston, VA, counsel for
Appellant.
Vijaya S. Surampudi and Peter J. Dickson, Office of the Solicitor, Department of
Labor, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On March 23, 2017, 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
Board Judge
DISMISSED WITH PREJUDICE: June 9, 2021
CBCA 6115
NAGEL ARCHITECTS + ENGINEERS,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Sarah Reida and William Thomas of Legal Meets Practical, LLC, Naperville, IL,
counsel for Appellant.
Mary A. Mitchell and Donald Mobly, Office of General Counsel, Department of
Veterans Affairs, Houston, TX, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On June 3, 2021, the parties filed a joint request to dismiss the above-captioned appeal
with prejudice.  The parties informed the Board that they settled the appeal and satisfied the
terms of their agreement.  Pursuant to Board Rule 12(b)(2), the request is granted.  The
appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
___________________________ 
DISMISSED WITH PREJUDICE:  February 29, 2008 
CBCA 1060 
BALDWIN CONTRACTING COMPANY, INC., 
Appellant, 
v. 
DEPARTMENT OF TRANSPORTATION, 
Respondent. 
Marc  Ingvoldsen, Constructi on Manager of Baldwin Contracting Company, Inc., 
Chico, CA, appearing for Appellant. 
David  Sett, Central Federal L ands Highway Division, Federal Highway 
Administration, Department of Transportation, Lakewood, CO, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On January 28, 2008, Baldwin Contracting Company, Inc. appealed the final decision 
of a Department of Transp orta tion contracting officer denying appellant’s claim for 
additional  compensation under contract  n umber DTFH68-03-C-00005.  On February 28, 
2008,  the parties  filed a joint motion to dismiss the  appeal stating that they have entered into 
a settlement agreement and requesting that the appeal be dismissed with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
DISMISSED:  November 8, 2007 
CBCA 865
    UTICA MUTUAL INSURANCE COMPANY, 
A p p e l l a n t , 
v.
   DEPARTMENT OF AGRICULTURE, 
Respondent. 
Bruce W. Hoover of Goldberg Segalla LLP, Buffalo, NY, counsel for Appellant. 
Ronald Mulach, Office of the General Counsel, Department of Agriculture, 
Milwaukee, WI, counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
In this matter, appellant, Utica Mutual Insurance Company (Utica) seeks to clarify its 
rights and obligations under the payment bond it furnished in connection with a timber sale 
contract between the Department of Agriculture, Forest Service (DAFS) and Payne 
Enterprises (Payne).  After Payne defaulted under the contract, Utica paid $757,334.64 to 
DAFS under the payment bond. The parties are in dispute as to what other financial 
obligations appellant has to DAFS under the payment bond, and whether appellant is entitled 
to an assignment of DAFS’s rights against Payne.  

 
  
 
   
   
        
_____________________________ 
2 CBCA 865 
On October 12, 2007, respondent filed a motion to dismiss the appeal under the 
Contract Disputes Act of 1978, 41 U.S.C.A. §§ 601-613 (2006) (CDA), on the grounds that: 
(1) there is no contract between appellant and respondent; (2) there is no claim by a 
contractor against the Government relating to a contract; and (3) there is no final decision by 
the contracting officer. Appellant did not file a response to the motion.  Instead, appellant 
and respondent filed a joint stipulation, agreeing and stipulating that the Board does not have 
subject matter jurisdiction under the CDA and that the appeal should be dismissed with 
prejudice.  While the parties have no authority to independently determine whether the Board 
has jurisdiction, it is clear that the parties believe that this matter is not properly before the 
Board, and that they do not want the Board to proceed with the appeal.     
Accordingly, this appeal is DISMISSED . 
BERYL S. GILMORE 
Board Judge