Kmisener/CBCA_Full huggingface dataset:
DISMISSED FOR LACK OF JURISDICTION: December 1, 2011 
CBCA 2571 
ENDLESS GUTTER & SHEET METAL CO., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
John B. Begovich, President of Endless Gutter and Sheet Metal Co., Wildwood, NJ, 
appearing for Appellant. 
John M. Vandlik, Office of the General Counsel, Department of Agriculture, 
Milwaukee, WI, counsel for Respondent. 
Before Board Judges POLLACK , SHERIDAN , and KULLBERG . 
POLLACK , Board Judge. 
On September 26, 2011, the Board docketed an appeal from Endless Gutter & Sheet 
Metal Company (appellant), arising out of a contract with the Department of Agriculture 
(Agriculture). The letter of appeal, dated September 23, 2011, was addressed to the Armed 
Services Board of Contract Appeals, which upon receipt forwarded the appeal letter to this 
Board. 
A review of the filing revealed that the appeal letter was in response to Agriculture’s 
June 28, 2011, denial of a claim from appellant for $4938. The referenced denial, however, 
was not a final decision and was issued by the Project Contracting Officer Representative. 

                                                                                                                             
                                                                         
           
             
                
             
            
             
         
____________________________________ 
  
 
_______________________________ _________________________________ 
2 CBCA 2571 
On November 15, 2011, the Board conducted a telephone conference with the 
principal for appellant and with Government counsel. The Board advised appellant at that 
time that due to the absence of a demand for and a final decision, the Board lacked 
jurisdiction over the docketed appeal and would be dismissing the action on that basis. 
Appellant was advised that if he intended to pursue the claim then he needed to first seek a 
final decision from the contracting officer, which if denied, he could then appeal. 
Accordingly, the action is DISMISSED FOR LACK OF JURISDICTION . 
HOWARD A. POLLACK 
Board Judge 
We concur: 
PATRICIA J. SHERIDAN H. CHUCK KULLBERG 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: October 26, 2011 
CBCA 2401 
DAYLIGHT VEGETATION MANAGEMENT, LLC, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Scott Muir, General Manager of Daylight Vegetation Management, Chico, CA, 
appearing for Appellant. 
Marnie G. Ganotis, Office of the General Counsel, Department of Agriculture, 
Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On October 11, 2011, the Board received a letter from Scott Muir, appellant’s 
representative, stating that a settlement had been reached in the appeal and that Daylight 
Vegetation Management, LLC withdrew its appeal. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
_______________________________ 
  
 
DISMISSED WITH PREJUDICE: January 20, 2011 
CBCA 1282 
EAGLE CONSTRUCTION SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent.
 David L. Rost, Moorestown, NJ, counsel for Appellant. 
William Robinson and Dionis M. Gauvin, Office of General Counsel, Federal Bureau 
of Prisons, Department of Justice, Washington, DC, counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
On January 11, 2011, the parties filed with the Board a joint stipulation of dismissal 
with prejudice. The parties stipulate that CBCA 1282 be dismissed with prejudice, with each 
party to bear its own attorney fees, expenses, and costs. The request is granted. Accordingly, 
this appeal is DISMISSED WITH PREJUDICE . 
BERYL S. GILMORE 
Board Judge
DISMISSED WITH PREJUDICE:  August 19, 2025
CBCA 7832(5692)-REM-R
EAGLE PEAK ROCK & PAVING, INC.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Bennett J. Lee and Stephen L. Pessagno of Varela, Lee, Metz & Guarino, LLP,
Oakland, CA; and David B. Wonderlick of Varela, Lee, Metz & Guarino, LLP, Tysons
Corner, VA, counsel for Appellant.
Rayann L. Speakman, Western Federal Lands Highway Division, Federal Highway
Administration, Department of Transportation, Vancouver, WA, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On August 12, 2025, the parties filed a joint motion to dismiss this appeal with
prejudice.  The parties represent that all claims in the appeal have been settled.  The motion
is granted, and, pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)), this appeal
is DISMISSED WITH PREJUDICE.
   Beverly M. Russell          
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE: May 30, 2007 
CBCA 108 
DARBY LUMBER INCORPORATED, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Richard A. Reep of Reep & Bell, P.C., Missoula, MT, counsel for Appellant. 
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, 
Missoula, MT, counsel for Respondent. 
VERGILIO , Board Judge. 1 
ORDER 
By letter dated February 3, 2000, Darby Lumber Company (also referred to as Darby 
Lumber Incorporated) (purchaser), submitted a timely notice of appeal.  Darby was the 
purchaser under the Mudd-York Salvage Timber Sale contract, 02-009255, with the 
Department of Agriculture, Forest Service (Government).  The timber was located in the 
Beaverhead-Deerlodge National Forest in the Wise River Ranger District, Montana.  Finding 
that the purchaser had improperly cut timber, the Government completed a collection action 
against a $100,000 letter of credit submitted under the contract.  The purchaser appeals that 
action, alleging that the Government miscalculated the amount of timber cut, breached the 
1 This case was reassigned after the retirement of Administrative Judge 
Westbrook. 

 
  
  
        
     
      
_________________________ 
2 CBCA 108 
contract, violated the covenant of good faith and fair dealing, and caused both the purchaser 
and its president to suffer damages.  Following board consolidation, this Board has 
jurisdiction over this appeal pursuant to the Contract Disputes Act of 1978, 41 U.S.C. 
§§ 601-613, as amended (CDA).  Darby Lumber Inc. , AGBCA 2000-131-1, 03-2 BCA 
¶ 32,399 (finding jurisdiction), 05-1 BCA ¶ 32,953 (denying Government motion to dismiss). 
On May 29, 2007, the Board received written notice that the parties have settled this 
dispute.  The parties request that the matter be dismissed with prejudice, with each party to 
bear its own costs and attorney fees. Accordingly, the Board DISMISSES WITH 
PREJUDICE  this appeal. 
JOSEPH A. VERGILIO 
Board Judge
DISMISSED WITH PREJUDICE: May 17, 2016
CBCA 4860
CANON SOLUTIONS AMERICA, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Andrew K. Wible and Andrew J. Mohr of Cohen Mohr, LLP, Washington, DC,
counsel for Appellant.
Michael J. Noble, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
WALTERS, Board Judge.
ORDER
The parties have achieved a complete settlement of the appeal.  Pursuant to a contract
modification, the ordering agency has made payment to appellant of the amount of fee
agreed upon.  They parties state that there is no longer any basis for the appeal and jointly
move that the appeal be dismissed with prejudice.   Accordingly, the appeal is DISMISSED
WITH PREJUDICE. 
_______________________
RICHARD C. WALTERS
Board Judge
DISMISSED WITH PREJUDICE: September 21, 2017
CBCA 5484, 5500, 5501, 5502, 5503, 5533
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Donald J. Walsh of Wright, Constable & Skeen, L.L.P., Baltimore, MD, counsel for
Appellant.
Tami S. Hagberg and Richard G. Bergeron, Office of General Counsel, Department
of Health and Human Services, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled these consolidated appeals and jointly request dismissal with
prejudice.  The Board congratulates the parties for resolving a total of twelve related appeals
in one year.  These final six appeals are DISMISSED WITH PREJUDICE. 
_____________________________
KYLE CHADWICK
Board Judge
___________________________ 
  
 
DISMISSED WITHOUT PREJUDICE: December 28, 2011 
CBCA 2434 
THE WESTWOOD GROUP, INCORPORATED, 
Appellant, 
v. 
DEPARTMENT OF ENERGY, 
Respondent. 
Joseph J. Petrillo of Petrillo & Powell, P.L.L.C., Washington, DC, counsel for 
Appellant. 
Laura L. Hoffman and Joseph A. Lenhard, Office of the General Counsel, Department 
of Energy, Washington, DC, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
On May 25, 2011, The Westwood Group, Incorporated (Westwood) appealed the final 
decision of a Department of Energy (DOE) contracting officer concerning a debt allegedly 
owed by Westwood to DOE under contract number GS-10F-0001K. On December 22, 2011, 
the parties filed a joint status report requesting that the appeal be held in abeyance or, 
alternatively, be dismissed without prejudice. 
Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED: January 20, 2011 
CBCA 2167 
SINGLETON ENTERPRISES, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Wayne Singleton, Owner of Singleton Enterprises, Luthersville, GA, appearing for 
Appellant. 
Bruce E. Barnett, Phillip Gillihan, and Tammy L. Kennedy, Office of Regional 
Counsel, Department of Veterans Affairs, Nashville, TN, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
Singleton Enterprises filed a notice of appeal from the contracting officer’s deemed 
denial under contract no. VA249C-0390 regarding its claim for the installation of additional 
vinyl base in Mountain Home, Tennessee. 
On November 18, 2010, the parties filed a joint motion to dismiss. In lieu of granting 
the parties’ request, the Board issued an order suspending proceedings, requesting that the 
parties advise the Board when final payment has been made before granting the motion. 

 
              
      
         
________________________________ 
  
 
2 CBCA 2167 
On January 19, 2011, a status report was filed with the Board advising that final 
payment has been made to the appellant. 
In accordance with the parties’ request, the appeal is DISMISSED . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WITH PREJUDICE:  December 9, 2023
CBCA 7928, 7929
TRUE EXCELLENCE GROUP LLC,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
John M. Manfredonia of Manfredonia Law Offices, LLC, Cresskill, NJ, counsel for
Appellant.
Ekta Patel, Lisa Dilliplane, and Lauren LaMontagne, Office of Chief Counsel, Federal
Emergency Management Agency, Department of Homeland Security, Washington, DC,
counsel for Respondent.
KANG, Board Judge.
ORDER
By motion filed December 6, 2024, in accordance with their settlement agreement,
the parties seek dismissal of these appeals with prejudice.  Pursuant to Board Rule 12(b)(2)
(48 CFR 6101.12(b)(2) (2023)), these appeals are DISMISSED WITH PREJUDICE.
   Jonathan L. Kang          
JONATHAN L. KANG
Board Judge
MOTION FOR RECONSIDERATION DENIED:  August 18, 2025
CBCA 7451-R
QUALITY TRUST, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Lawrence M. Ruiz, President of Quality Trust, Inc., Junction City, KS, appearing for
Appellant.
Rachel Grabenstein, Office of the Solicitor, Department of the Interior, Albuquerque,
NM, counsel for Respondent.
Before Board Judges RUSSELL, SULLIVAN, and CHADWICK.
SULLIVAN, Board Judge.
By decision dated April 4, 2025, the Board denied the appeal of Quality Trust, Inc.
(QTI), finding that QTI could not receive an equitable adjustment for a suspension of work
and had not proven entitlement to damages calculated with the Eichleay formula.  Quality
Trust, Inc. v. Department of the Interior, CBCA 7451, 25-1 BCA ¶ 38,792, at 188,665. 
Following the issuance of that decision, QTI filed a Motion for Contempt of Court, Summary
Judgment or Direct Verdict Against the Department of Interior, which the Board docketed
as a request for reconsideration.  Having considered that filing, we deny the request for
reconsideration.


CBCA 7451-R 2
“[T]here are three primary grounds that justify reconsideration: (1) an intervening
change in the law; (2) the availability of new evidence; and (3) the need to correct clear error
or prevent injustice.”  BES Design/Build, LLC v. Department of Veterans Affairs, CBCA
6453-R, et al., 24-1 BCA ¶ 38,471, at 186,998 (2023) (citing Delaware Valley Floral Group,
Inc. v. Shaw Rose Nets, LLC, 597 F.3d 1374, 1383 (Fed. Cir. 2010)).  QTI does not provide
arguments or evidence to justify reconsideration.  Instead, QTI repeats assertions of supposed
wrongdoing by the Department of the Interior (DOI)1 during contract performance that QTI
made during the pendency of the appeal.  QTI also asserts that DOI committed “extrinsic
fraud” but does not cogently explain what the fraud was or how it was committed.  Finally,
QTI asks for action by the Board to respond to purported failures by DOI to respond to
discovery requests propounded by QTI, but these purported failures are not a basis for
reconsideration.
Decision
QTI’s motion for reconsideration is DENIED.
   Marian E. Sullivan        
MARIAN E. SULLIVAN
Board Judge
We concur:  
   Beverly M. Russell              Kyle Chadwick                 
BEVERLY M. RUSSELL KYLE CHADWICK
Board Judge Board Judge
1 We note that QTI refers repeatedly in its motion to the USDA, which we
believe is the United States Department of Agriculture.  USDA is not the respondent agency.
______________________________ 
DISMISSED WITH PREJUDICE:  February 17, 2010 
CBCA 1575 
CATHERINE M. DRAPER, 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
Mark S. Bove, Denver, CO, counsel for Appellant. 
William D. Robinson and Sarah Schuh, Office of General Counsel, Federal Bureau 
of Prisons, Department of Justice, Washington, DC, counsel for Respondent. 
POLLACK, Board Judge. 
ORDER 
The Board has been advised by counsel for the parties that the above-captioned 
appeal has been settled.  Accordingly, the Board DISMISSES  the appeal WITH 
PREJUDICE. 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITHOUT PREJUDICE:  February 1, 2024
CBCA 7927
LOUIS J. BLAZY,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Louis J. Blazy, pro se, Alexandria, VA.
Alexandra N. Wilson, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
During a telephone conference with Mr. Blazy and respondent’s counsel on
January 31, 2024, regarding appeals CBCA 7992 and 7993, Mr. Blazy requested the
dismissal of CBCA 7927, which was not properly brought as an appeal from a contracting
officer’s final decision.  He stated further that the claims in CBCA 7927 are included in
CBCA 7992 and 7993.  Accordingly, this appeal is dismissed without prejudice.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  January 7, 2010 
CBCA 1592 
CARSON HELICOPTERS, INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Mark F. O’Donnell and David M. Poore of Preg O’Donnell & Gillett PLLC, Seattle, 
WA, counsel for Appellant. 
James E. Epstein, Office of the Solicitor, Department of the Interior, Newton, MA, 
counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
Appellant reports that the parties in this matter have settled their dispute and stipulate 
to an order dismissing this appeal with prejudice and without fees and costs to either party. 
Pursuant to the agreement of the parties, therefore, this appeal is DISMISSED WITH 
PREJUDICE .
 __________________________________ 
CANDIDA S. STEEL
      Board Judge
GRANTED IN PART:  October 27, 2008 
CBCA 1005 
BIRD CONSTRUCTION (USA), INC., 
A p p e l l a n t , 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Michael D. Strong of Lathrop & Gage, L.C., Kansas City, MO, counsel for Appellant. 
Robert M. Notigan, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), GILMORE , and BORWICK. 
GILMORE, Board Judge. 
On or about June 9, 2002, a contract was awarded to Bird Construction (USA), Inc. 
(Bird) by the General Services Administration (GSA) for the construction of a new United 
States Border Station International Bridge Plaza in Sault Sainte Marie, Michigan.  On 
September 25, 2007, the GSA contracting officer rejected Bird’s request for reimbursement 
of costs stemming from changes to the canopy work performed by its subcontractor, Birdair, 
Inc.  On December 20, 2007, an appeal was filed with the Board under the Contract Disputes 
Act of 1978, 41 U.S.C.A. §§ 601-613 (West Supp. 2008).     

  
  
 
 
     
____________________________ 
____________________________ ____________________________ 
 
2 CBCA 1005 
Bird and GSA have now filed a joint motion for a stipulated judgment.  The parties 
request that judgment in the amount of $60,000, inclusive of all interest, be entered in favor 
of appellant, Bird.  The parties stipulated that they shall not seek review or reconsideration 
of the judgment.  With respect to the decision, the parties waive their rights to 
reconsideration, to relief from judgment, and to appeal the decision. 
Decision 
The appeal is GRANTED IN PART .  The Board awards the sum of $60,000, 
inclusive of all interest, to Bird Construction (USA), Inc. Payment shall be made from the 
permanent indefinite judgment fund.  31 U.S.C. § 1304 (2000).      
BERYL S. GILMORE 
Board Judge 
We concur: 
STEPHEN M. DANIELS ANTHONY S. BORWICK 
Board Judge Board Judge
DISMISSED FOR LACK OF JURISDICTION:
May 21, 2020
CBCA 6793
NEDA OF PUERTO RICO, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Diana Parks Curran and Hadeel N. Masseoud of Curran Legal Services Group, LLC,
Marietta, GA, counsel for Appellant.
Alexander C. Vincent, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges DRUMMOND, LESTER, and CHADWICK.
LESTER, Board Judge.
The parties have jointly requested that the Board dismiss this appeal without
prejudice, asserting that the contractor, NEDA of Puerto Rico, Inc. (NEDA), never certified
the $224,006 “claim” upon which it bases this appeal, as required by the Contract Disputes
Act (CDA), 41 U.S.C. § 7103(b)(1) (2018), which precludes the Board’s jurisdiction.


CBCA 6793 2
Discussion
“As a prerequisite to review by the Board of a contractor’s demand for money from
the Federal Government, the contractor must have submitted a ‘claim’ to an agency
contracting officer.”Foxy Construction, LLC v. Department of Agriculture, CBCA 5632,
17-1 BCA ¶ 36,687, at 178,626. If the claim involves a request for more than $100,000, it
must be certified. DAI Global, LLC v. Administrator of the United States Agency for
International Development, 945 F.3d 1196, 1198 (Fed. Cir. 2019). Although “[a] defect in
the certification of a claim does not deprive a court or an agency board of jurisdiction over
the claim,”id. (quoting 48 U.S.C. § 7103(b)(3)), “[a] complete failure to provide a
certification at all may not be deemed a defective certification,”Medina Construction, Ltd.
v. United States , 43 Fed. Cl. 537, 547 (1999), and cannot be remedied for purposes of
establishing jurisdiction. McAllen Hospitals LP v. Department of Veterans Affairs, CBCA
2774, et al., 14-1 BCA ¶ 35,758, at 174,969;see Skelly & Loy v. United States, 685 F.2d 414,
416 (Ct. Cl. 1982) (discussing jurisdictional defect from absent certification). It is clear from
reviewing NEDA’s “claim,” which accompanied its notice of appeal, that it contained no
certification, meaning that we lack jurisdiction to entertain the appeal. We dismiss the appeal
for lack of jurisdiction, which “is, by necessity, without prejudice.”SRA International, Inc.
v. Department of State, CBCA 6563, et al., 20-1 BCA ¶ 37,543, at 182,314 n.1.
Decision
NEDA’s appeal isDISMISSED FOR LACK OF JURISDICTION.
Harold D. Lester, Jr.
HAROLD D. LESTER, JR.
Board Judge
We concur:
Jerome M. Drummond Kyle Chadwick
JEROME M. DRUMMOND KYLE E. CHADWICK
Board Judge Board Judge
_______________________________________ 
  
 
DISMISSED WITH PREJUDICE: September 28, 2011 
CBCA 2257, 2258, 2282, 2283, 2284, 2285, 2329, 2330, 
2331, 2332, 2333 
THE VETCOM GROUP, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Barry J. Carp, Chief Operating Officer of The Vetcom Group, Inc., Chantilly, VA, 
appearing for Appellant. 
Tony A. Ross, Office of Regional Counsel, Department of Veterans Affairs, 
Baltimore, MD, counsel for Respondent. 
POLLACK, Board Judge. 
ORDER 
On September 26, 2011, the Board received a joint motion to dismiss from the parties, 
asking the Board to dismiss the appeals with prejudice, as the parties have settled all matters. 
Accordingly, the appeals are DISMISSED WITH PREJUDICE . 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE: March 23, 2012 
CBCA 2478, 2479 
VICTORY GLOBAL SOLUTIONS, INC.,
                                                                       Appellant, 
v. 
DEPARTMENT OF COMMERCE,
                                                                        Respondent. 
John R. Tolle and Bryan R. King of Barton, Baker, Thomas & Tolle, LLP, McLean, 
VA, counsel for Appellant. 
Mark Langstein and Lauren Didiuk, Office of General Counsel, Department of 
Commerce, Washington, DC, counsel for Respondent. 
SHERIDAN, Board Judge. 
ORDER 
On March 20, 2012, the parties jointly moved that the above-captioned appeals be 
dismissed with prejudice as the parties had settled the disputes leading to the appeals. 
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE: March 19, 2014
CBCA 2901
FEDERAL BUILDERS, LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Jay D. Belk, Manager of Federal Builders, LLC, Castle Rock, CO, appearing for
Appellant.
Emily E. Parkhurst, Office of the Solicitor, Department of the Interior, Lakewood,
CO, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On March 17, 2014, 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:  June 20, 2013 
CBCA 3290
ALLEN ENGINEERING CONTRACTOR, INC.,
Petitioner,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
William L. Bruckner of Bruckner Law Firm, San Diego, CA, counsel for Petitioner.
David Sett, Office of Chief Counsel, Federal Highway Administration, Department
of Transportation, Lakewood, CO, counsel for Respondent.
SOMERS, Board Judge.
ORDER
On March 7, 2013, Allen Engineering Contractor, Inc. (petitioner) filed a petition
requesting the Board to order the contracting officer to issue a final decision on its claim
under contract number DTFH68-10-C-00015 for reconstruction of a portion of the Generals
Highway located in Sequoia and Kings Canyon National Park in Tulare County, California.
On May 31, 2013, respondent filed the contracting officer’s final decision, dated
May 30, 2013.


CBCA 3290 2
Accordingly, the petition is DISMISSED.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: January 6, 2011 
CBCA 1834 
CHARLESTON MARINE CONTAINERS, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Grace Bateman and Michael B. Hubbard of Seyfarth Shaw LLP, Washington, DC, 
counsel for Appellant. 
Jennifer L. Howard, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
On December 16, 2009, Charleston Marine Containers, Inc. (CMCI) appealed the 
final decision of a General Services Administration contracting officer denying its claim for 
additional costs under contract number GS–027-0205N to supply shipping containers to 
various federal government agencies. On January 4, 2011, CMCI filed a request to dismiss 
the appeal with prejudice, stating that the parties have fully settled and resolved the dispute 
at issue. 

      
___________________________ 
  
 
2 CBCA 1834
 
Accordingly, the appeal is DISMISSED WITH PREJUDICE .
 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED: July 22, 2015
CBCA 4832
PREVENTIVE MAINTENANCE SERVICES COMPANY,
Petitioner,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Jason N. Workmaster of Covington & Burling, LLP, Washington, DC, counsel for
Appellant.
Maria Bellizzi, Office of Regional Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
Preventive Maintenance Services Company (PM Services) petitioned the Board to
direct a General Services Administration contracting officer to issue promptly a decision on
a claim in the amount of $490,201.71 under contract number GS-11P-12-MA-C-0112.  On
July 6, 2015, the Board directed the contracting officer to provide, by July 24, 2015, either
a decision or an explanation of when the decision would be issued and an explanation of why
it could not be issued by July 24.


CBCA 4832 2
On July 21, PM Services withdrew its petition.  The contractor represented that as a
result of communications with government counsel, it anticipates receiving payment for the
amount in question.  
Accordingly, the petition is DISMISSED.  Dismissal of the petition does not preclude
the contractor from challenging in the future any failure by the contracting officer to pay the
invoiced amount.
_________________________
STEPHEN M. DANIELS
Board Judge
DISMISSED WITH PREJUDICE: January 16, 2014
CBCA 3355
IJC CORPORATION,
Appellant,
v.
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
Peter T. Kashulines, President of IJC Corporation, Windham, NH, appearing for
Appellant.
Kenneth R. Pakula, Office of General Counsel, Environmental Protection Agency,
Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
Appellant has filed a motion to dismiss this appeal, stating that the parties have
reached a settlement.  Accordingly, this appeal is DISMISSED WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  January 12, 2026
CBCA 8734
TRANSOURCE SERVICES CORPORATION,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Jonathan T. Williams, Samuel S. Finnerty, and Kelly A. Kirchgasser of PilieroMazza
PLLC, Washington, DC, counsel for Appellant.
Rafael Lara, Jr., Office of Chief Counsel, Federal Emergency Management Agency,
Department of Homeland Security, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
At the request of the appellant (noting that the parties have fully resolved the dispute),
this appeal is DISMISSED WITH PREJUDICE pursuant to Board Rule
12(b)(2) (48 CFR 6101.12(b)(2) (2024)).
     Joseph   A. Vergilio         
JOSEPH A. VERGILIO
Board Judge
GRANTED IN PART:  July 29, 2025
CBCA 8266
THE SPANOS GROUP, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Edward T. DeLisle and Kathryn Pettit of Thompson Hine LLP, Washington, DC,
counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend,
OR, counsel for Respondent.
Before Board Judges RUSSELL, ZISCHKAU, and NEWSOM.
ZISCHKAU, Board Judge.
On July 9, 2025, appellant, The Spanos Group, LLC (Spanos), and respondent, the
Department of Veterans Affairs, filed a joint motion requesting the entry of a stipulated
judgment in favor of appellant in the amount of $75,000.  Additionally, the parties have
agreed that if the $75,000 remains unpaid by the agency, interest as authorized by the
Contract Disputes Act (CDA), 41 U.S.C. § 7109 (2018), on the amount of $75,000 will begin
to accrue on September 1, 2025, and will continue to accrue until payment of $75,000 plus
interest has been paid to Spanos or an agreed upon designee.  The settlement amount includes
all costs and fees set forth in the settlement agreement between the parties and fully resolves
the dispute underlying this appeal.  The parties have stipulated that they will not seek


CBCA 8266 2
reconsideration of, seek relief from, or appeal the Board’s entry of judgment awarding the
stipulated amount to appellant.  See Rule 25(b) (48 CFR 6101.25(b) (2024)).
Decision
The appeal is GRANTED IN PART.  Respondent shall pay $75,000 to appellant in
full settlement of this appeal with CDA interest accruing as provided above if respondent has
not made payment of the settlement amount by September 1, 2025.  Appellant waives any
further rights it may have to claim for recovery of attorney fees, costs, and expenses that it
may have incurred in conjunction with this appeal.
   Jonathan D. Zischkau   
JONATHAN D. ZISCHKAU
Board Judge
We concur:
   Beverly M. Russell              Elizabeth W. Newsom      
BEVERLY M. RUSSELL ELIZABETH W. NEWSOM
Board Judge Board Judge
GRANTED IN PART:  June 20, 2024
CBCA 6385, 6487, 7423(6292)-REM, 7424(6386)-REM, 7425(6581)-REM,
7426(6582)-REM, 7427(6801)-REM, 7428(6543)-REM
CSI AVIATION, INC., 
Appellant,
v.
 
DEPARTMENT OF HOMELAND SECURITY,
Respondent in CBCA 7423(6292)-REM,
7425(6581)-REM, 7427(6801)-REM,
and
GENERAL SERVICES ADMINISTRATION,
Respondent in CBCA 7424(6386)-REM,
7426(6582)-REM, 7428(6543)-REM. 
Jason N. Workmaster, Ashley A. Powers, Alejandro L. Sarria, Alexandra S. Prime,
and Connor W. Farrell of Miller & Chevalier Chartered, Washington, DC, counsel for
Appellant.
Gabe E. Kennon, Tanios A. Bou Onk, and Andrea A. Nwachukwu, Office of the
Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland
Security, Washington, DC, counsel for Respondent in CBCA 6385, 7423(6292)-REM,
7425(6581)-REM, 7427(6801)-REM.


CBCA 6385, 6487, 7423(6292)-REM, 7424(6386)-REM, 7425(6581)-REM,
7426(6582)-REM, 7427(6801)-REM, 7428(6543)-REM
2
Matthew D. McKenzie, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent in CBCA 6487, 7424(6386)-REM,
7426(6582)-REM, 7428(6543)-REM.
Before Board Judges VERGILIO, GOODMAN, and SULLIVAN.
SULLIVAN, Board Judge.
On June 14, 2024, the parties jointly moved for entry of a stipulated judgment in the
amount of $34,450,000 (settlement amount) to be paid to appellant, CSI Aviation, Inc. (CSI),
through the permanent, indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2018)
or from any other source of agency funds.  See Board Rule 25(b) (48 CFR 6101.25(b)
(2023)).  The settlement amount is to be apportioned as follows:  Department of Homeland
Security, Immigration and Customs Enforcement (ICE) shall pay $32,319,703.45, and
General Services Administration (GSA) shall pay $2,130,296.55.  The settlement amount
includes all costs, fees, and interest.  
In their joint motion, the parties further stipulated that they will not seek
reconsideration of or relief from, and will not appeal, the Board’s decision awarding the
stipulated amount.  
Decision
The appeals are GRANTED IN PART.  ICE shall pay to CSI the amount of
$32,319,703.45.  GSA shall pay to CSI the amount of $2,130,296.55.  Payment may be made
from the permanent indefinite judgment fund pursuant to 31 U.S.C. § 1304 or from any other
source of agency funds.  
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
We concur:  
     Joseph A. Vergilio              Allan H. Goodman        
JOSEPH A. VERGILIO ALLAN H. GOODMAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  September 27, 2024
CBCA 8195
CARRIGG COMMERCIAL BUILDERS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Vivian Katsantonis and Christopher M. Harris of Watt, Tieder, Hoffar & Fitzgerald,
L.L.P., McLean, VA, counsel for Appellant.
Jared M. Levin, Office of General Counsel, Department of Veterans Affairs,
Brockton, MA, counsel for Respondent.
VOLK, Board Judge.
ORDER
As requested by the parties, this appeal is DISMISSED WITH PREJUDICE.
     Daniel B. Volk               
DANIEL B. VOLK
Board Judge
DISMISSED WITH PREJUDICE: June 22, 2015
CBCA 4251
KEVCON, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William Bruckner and Thomas Regan of Bruckner Law Firm, APC, San Diego, CA,
counsel for Appellant.
David G. Fagan and Michael Hughes, Office of Regional Counsel, Department of
Veterans Affairs, Portland, OR, counsel for Respondent.
STERN, Board Judge.
ORDER
The parties have filed a joint motion to dismiss this appeal.  Payment has been made
by the Department of Veterans Affairs to Kevcon, Inc., in accordance with the settlement
agreement and all terms of the settlement agreement have been completed.  Accordingly, this
appeal is DISMISSED WITH PREJUDICE.
_________________________________
 JAMES L. STERN
Board Judge
DISMISSED WITHOUT PREJUDICE:  April 14, 2008 
CBCA 401 
KI LIQUIDATION, INC.
 
f/k/a KULLMAN INDUSTRIES, INC.,
 
Appellant, 
v. 
DEPARTMENT OF STATE, 
Respondent. 
L. James D’Agostino of Greenberg Traurig, LLP, McLean, VA, counsel for 
Appellant. 
John C. Sawyer and Thomas D. Dinackus, Office of the Legal Adviser, Buildings and 
Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent. 
DeGRAFF , Board Judge. 
ORDER 
Appellant, KI Liquidation, Inc., filed a notice of appeal in connection with a dispute 
under contract number SALMEC-02-C-0025, for design and construction of the United 
States Embassy Compound Dushanbe, Tajikistan.  In an order issued April 7, 2008, and 
received by the Board on April 11, 2008, the United States Court of Federal Claims, 
exercising its authority under the Contract Disputes Act of 1978, 41 U.S.C. 609(d) (2000), 
to transfer and consolidate suits arising from one contract that are filed with both an agency 
board and the court, granted the parties’ motion to transfer the subject appeal to the court. 
KI Liquidation, Inc. v. United States  No. 06-465C (Apr. 7, 2008). 

__________________________________ 
2 CBCA 401 
In accordance with the court’s order, this appeal is DISMISSED WITHOUT 
PREJUDICE and the Board’s records will be transferred to the court. 
MARTHA H. DeGRAFF 
Board Judge
DISMISSED WITH PREJUDICE: October 28, 2022
CBCA 6493, 6494, 6495, 6496, 6497, 6498, 6500, 6508, 6512
ART PROPERTY ASSOCIATES, LLC,
Appellant in CBCA 6493,
6498,
and
1101 WILSON OWNER, LLC,
Appellant in CBCA 6494,
6495, 6512, 
and
NASH STREET PROPERTY ASSOCIATES, LLC,
Appellant in CBCA 6496,
6500,
and
OAK HILLS PROPERTY ASSOCIATES, LLC,
Appellant in CBCA 6497,
and
1000-1100 WILSON OWNER, LLC,
Appellant in CBCA 6508,


CBCA 6493, 6494, 6495, 6496, 6497, 6498, 6500, 6508, 6512 2
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Seamus Curley of Stroock & Stroock & Lavan LLP, Washington, DC, counsel for
Appellants.
James Scott and Jessica Gunzel, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
BEARDSLEY, Board Judge.
ORDER
On October 27, 2022, the parties filed a joint motion to dismiss all nine appeals as the
requirements of the settlement agreement have been satisfied.  The parties’ motion is granted. 
The appeals are DISMISSED WITH PREJUDICE.  
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE: June 5, 2013
CBCA 2859, 2888, 2889, 2890
CONTRACTING, CONSULTING, ENGINEERING, LLC,
                                                         Appellant,
v.
DEPARTMENT OF STATE,
                                                             Respondent.
Thomas M. Brownell, David S. Black, and Kelly A. Krystyniak of Holland & Knight
LLP, McLean, VA, counsel for Appellant.
Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Rosslyn, VA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On June 4, 2013, the parties jointly moved to dismiss these appeals with prejudice,
stating they have settled all disputes.
Accordingly, these appeals are DISMISSED WITH PREJUDICE.
                                                             
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: May 29, 2020
CBCA 6744
TRINITY OF UTAH INCORPORATED,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Andrew L. Berne of Babcock Scott & Babcock, P.C., Salt Lake City, UT, counsel for
Appellant.
Mary E. Sajna, Office of the General Counsel, Department of Agriculture, Missoula,
MT, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On May 22, 2020, the parties filed a joint request for dismissal with prejudice for the
captioned appeal based on a settlement. The Board commends the parties on the successful
resolution of their dispute. Accordingly, the captioned appeal is DISMISSED WITH
PREJUDICE.
Jonathan D. Zischkau
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: September 26, 2014
CBCA 2526, 2527, 2528, 2659
ASP DENVER, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Neal J. Sweeney and Tyler P. Scarbrough of Kilpatrick Townsend & Stockton, LLP,
Atlanta, GA, counsel for Appellant.
Lori R. Shapiro and Leslie M. Busch, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
HYATT, Board Judge.
Appellant has notified the Board that the parties have entered into a settlement
agreement resolving the above-captioned appeals, and has requested that they be dismissed
with prejudice.  Accordingly, these appeals are DISMISSED WITH PREJUDICE.
_________________________________
CATHERINE B. HYATT
Board Judge
DISMISSED WITH PREJUDICE: July 3, 2013
CBCA 2710, 2711, 2712, 2713
B.C. CONSTRUCTION CO., INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia and James Petersen of Manfredonia Law Offices, LLC,
Cresskill, NJ, counsel for Appellant.
Jeanne S. Morris, Office of Regional Counsel, Department of Veterans Affairs,
Bedford, MA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On June 24, 2013, the Board was advised that the parties had reached a settlement and
requested dismissal of the above-referenced appeals.  Accordingly, these appeals are
DISMISSED WITH PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
GRANTED IN PART:  February 3, 2009 
CBCA 1301 
BORO CONSTRUCTION, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Ruth E. Ganister of Rosenthal and Ganister, West Chester, PA, counsel for Appellant. 
Kenneth B. MacKenzie, Office of the General Counsel, Department of Veterans 
Affairs, Washington, DC, counsel for Respondent. 
Before Board Judges STERN , GOODMAN, and McCANN. 
STERN, Board Judge.
 Boro Construction, Inc. (Boro) appealed from the failure of the contracting officer 
of the Department of Veterans Affairs to issue a decision on appellant’s claim of 
$2,400,000, arising out of a contract for the construction of an addition to the Department 
of Veterans Affairs Medical Center in Lyons, New Jersey. 
On December 18, 2008, the parties negotiated and settled the dispute in this appeal. 
In accordance with the requirements of Board Rule 25(b), 48 CFR 6101.25(b) (2008), the 
parties have filed a stipulation 

                                                                                                                        
 
        
 
     
____________________________ 
 
2 CBCA 1301 
and move the Board for judgment in favor of Boro in the amount of $1,000,000, plus 
interest in accordance with the Contract Disputes Act, 41 U.S.C. §§ 601-613 (2006), 
commencing on February 18, 2005. The parties have also stipulated that they will not seek 
reconsideration of, or relief from, or appeal the Board’s decision. 
Decision 
The Board adopts the stipulation of the parties.  The appeal is GRANTED IN 
PART.  In accordance with the stipulation of the parties, the Board awards the sum of 
$1,000,000 plus interest in accordance with the Contract Disputes Act, to be paid from the 
permanent indefinite judgment fund.  31 U.S.C. § 1304. 
JAMES L. STERN 
Board Judge 
We concur: 
________________________ ____________________________ 
ALLAN H. GOODMAN R. ANTHONY McCANN 
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  November 10, 2009 
CBCA 1690 
1125 15TH STREET, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Brett D. Orlove of Grossberg, Yochelson, Fox & Beyda, LLP, Washington, DC, 
counsel for Appellant. 
Thomas Y. Hawkins, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
On November 4, 2009, the parties informed the Board that the respondent has paid in 
full all the claims made in the above-captioned case.  They jointly move to dismiss the case. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE .
 _____________________________
       CANDIDA S. STEEL
        Board Judge
DISMISSED WITH PREJUICE:  August 21, 2015
CBCA 4639
A&B ENVIRONMENTAL & ENGINEERING,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Joseph Moscariello, Principal in Charge of A&B Environmental & Engineering,
Auburn, CA, appearing for Appellant.
Jeffrey D. Webb, Office of Chief Counsel, Federal Emergency Management Agency,
Department of Homeland Security, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On August 19, 2015 the Board received appellant’s notice to withdraw CBCA 4639. 
Respondent does not oppose.  Accordingly, this case is DISMISSED WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: September 11, 2014
CBCA 2839
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Owings Mills, MD, counsel for Appellant.
Wilbert Jones, Office of Procurement Law, United States Coast Guard, Department
of Homeland Security, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On May 14, 2012, the Board received from Xerox Corporation (contractor) a notice
of appeal concerning deemed denials of claims totaling $141,282.64 relating to twelve
unpaid invoices.  The contractor claims entitlement to payment for delivery and performance
pursuant to purchase orders with the Department of Homeland Security, United States Coast
Guard (the agency) issued under various contracts.  Having received neither payment nor a
decision by the contracting officer on its claims, the contractor pursues relief at this Board
pursuant to statute.  41 U.S.C. §§ 7101-7109 (2012).
During an initial telephone conference (before the submission of the appeal file,
complaint, or answer), the parties agreed to stay formal proceedings as they engaged in a
reconciliation process reviewing the invoices and explored resolution.  On September 10,
2014, the Board received a request for a dismissal with prejudice; the parties have reconciled
all invoices and payment has been made.


CBCA 2839 2
The Board DISMISSES WITH PREJUDICE this appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITHOUT PREJUDICE: February 22, 2022
CBCA 7225
GS PROPERTY NR I LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Mary Burns, Vice President and Senior Property Manager of Avison Young –
Washington, D.C., LLC, Rockville, MD, appearing for Appellant.
Daniel Cutler and Elizabeth Johnson, Office of Regional Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On January 13, 2022, appellant withdrew, without opposition, its appeal.
Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE.
H. Chuck Kullberg
H. CHUCK KULLBERG
Board Judge
DISMISSED FOR LACK OF JURISDICTION: February 6, 2018
CBCA 5995
APLIN LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
David M. Paschane, CEO of Aplin LLC, Silver Spring, MD, appearing 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.
Before Board Judges SOMERS (Chair), VERGILIO, and SHERIDAN.
SHERIDAN, Board Judge.
Respondent, the Department of Veterans Affairs (VA), entered into technology
contract VA777-16-P-0118 with appellant, Aplin LLC, in which disputes arose.  On January
11, 2018, Aplin submitted an appeal which was docketed as CBCA 5995.  On January 23,
2018, a conference call was conducted between the presiding judge, Dr. Paschane, and Mr.
Deol in which various jurisdictional matters were discussed.  Notably discussed was the lack
of a certified claim.  The parties submitted a joint stipulation on February 2, 2018, indicating:
The Parties have reviewed the documents submitted to date and have jointly
determined that Appellant did not file a proper claim pursuant to the Contract
Disputes Act [, 41 U.S.C. §§ 7101-7109 (2012)].  Accordingly, the Contracting


CBCA 5995 2
Officer’s Final Decisions on August 23, 2017 and October 17, 2017 were
premature and are hereby withdrawn.  
Decision
Based on the foregoing representations, the above-captioned appeal is DISMISSED
FOR LACK OF JURISDICTION.
                                                             
PATRICIA J. SHERIDAN
Board Judge
We concur:
___________________________ _______________________
JERI KAYLENE SOMERS JOSEPH A. VERGILIO
Board Judge Board Judge
DISMISSED WITH PREJUDICE: September 10, 2015
CBCA 4122
LYB MECHANICAL TIMBER FALLING AND PROCESSING,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Jon E. Cushman of Cushman Law Offices, P.S., Olympia, WA, counsel for Appellant.
Benjamin R. Hartman, Office of the General Counsel, Department of Agriculture,
Portland, OR, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On September 2, 2015, the parties informed the Board that this matter was settled and
jointly moved for a dismissal with prejudice.
Accordingly, CBCA 4122 is DISMISSED WITH PREJUDICE.
                                                             
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  February 21, 2023
CBCA 7166
AT YOUR SERVICE COMPANIES,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Isaac P. Hernandez of Hernandez Law Firm, PLC, Phoenix, AZ; Aron C. Beezley of
Bradley Arant Boult Cummings LLP, Washington, DC; and Sarah Sutton Osborne of
Bradley Arant Boult Cummings LLP, Huntsville, AL, counsel for Appellant.
Jay Bernstein and Brett A. Pisciotta, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The appellant moves to dismiss the appeal with prejudice after a settlement. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: September 2, 2016
CBCA 4749-C(2397)
EM LOGGING,
Applicant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
R. Allan Payne of Doney Crowley P.C., Helena, MT, counsel for Applicant.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture,
Missoula, MT, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
EM Logging and the Department of Agriculture have resolved the application for
attorney fees and costs (CBCA 4749-C(2397)), as well as the quantum issue following a
determination that a termination for default was not supported by substantial evidence, EM
Logging v. Department of Agriculture, 778 F.3d 1026 (Fed. Cir. 2015) (the default had been
challenged initially at the Board, CBCA 2427).  In accordance with a joint motion, dated
September 1, 2016, which states that each party shall bear its own costs, attorney fees, and
expenses, the Board DISMISSES WITH PREJUDICE this remaining case on the docket.
_______________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: July 20, 2011 
CBCA 2209 
AUTOVALET SYSTEMS, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Philip Varley, President of Autovalet Systems, LLC, Fairfax, VA, appearing for 
Appellant. 
Barbara J. Stuetzer, Office of General Counsel, Department of Veterans Affairs, 
Hines, IL, counsel for Respondent. 
DRUMMOND , Board Judge. 
ORDER 
The parties have advised the Board that the issues in this appeal have been settled, and 
they move that the case be dismissed with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
JEROME M. DRUMMOND 
Board Judge