Kmisener/CBCA_Full huggingface dataset:
DISMISSED FOR FAILURE TO PROSECUTE:  June 10, 2010 
CBCA 1756 
ROBERT STANLEY ASSOCIATES, 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
Robert Stanley, Owner of Robert Stanley Associates, Santa Monica, CA, appearing 
for Appellant. 
Barry C. Hansen and Gordon R. Jamison, Office of General Counsel, Department of 
Justice, Washington, DC, counsel for Respondent. 
Before Board Judges BORWICK, VERGILIO , and DRUMMOND . 
DRUMMOND , Board Judge. 
Appellant, Robert Stanley Associates, filed this appeal on October 15, 2009, from the 
decision of a contracting officer of the Justice Department.  By scheduling order dated 
October 21, 2009, the Board directed appellant to file a complaint by November 19, 2009. 
Appellant failed to file its complaint as ordered.  

  
  
 
 
  
      
             
 
 
                                                    
                                                                                                     
2 CBCA 1756 
On December 2, 2009, the Board ordered appellant to show cause by December 15, 
2009, why the appeal should not be dismissed for failure to prosecute.  On December 22, 
2009, the Board granted appellant’s request for an enlargement of time to file its complaint 
by March 15, 2010.  Appellant failed to meet the March 15, 2010, deadline.  Appellant 
subsequently advised the Board that it intended to seek an additional enlargement of time to 
file a complaint.  Appellant has not filed a complaint, nor has it filed a request for an 
enlargement of time to file its complaint. 
On April 19, 2010, the Board issued a second order to show cause.  The order required 
appellant to show cause by May 10, 2010, why the appeal should not be dismissed for failure 
to prosecute. The order was sent by certified mail to appellant’s address. Despite two 
notices left by the post office, the certified mail was returned to the Board unopened and 
marked unclaimed.  Appellant has disregarded the Board’s orders by failing to file a 
complaint. 
In accordance with Board Rule 12 (48 CFR 6101.12 (2009)), the appeal is 
DISMISSED FOR FAILURE TO PROSECUTE. 
JEROME M. DRUMMOND 
Board Judge 
We concur: 
ANTHONY S. BORWICK JOSEPH A. VERGILIO 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: April 13, 2017
CBCA 4851
BAMKO, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Anastasia (Stacey) Tipler of Law Office of Stacey Tipler, Lebanon, OH, counsel for
Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of the parties’ joint stipulation of dismissal with prejudice,
filed on April 12, 2017, in the above-referenced case.  The parties state that respondent has
fulfilled its settlement obligations and request that the Board dismiss this appeal with
prejudice.


CBCA 4851 2
In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE.
___________________________
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: December 14, 2018
CBCA 4559
TRUST TITLE COMPANY,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
Donald C. Holmes of Holmes Pittman & Haraguchi, LLP, Greenboro, MD, counsel
for Appellant.
Julie Kelley Cannatti, Office of General Counsel, Department of Housing and Urban
Development, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
Appellant’s motion to voluntarily dismiss this appeal is granted, and this case is
DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  March 8, 2024
CBCA 7766, 7906
COAST PROFESSIONAL, INC.,
Appellant,
v.
DEPARTMENT OF EDUCATION,
Respondent.
Gordon Griffin, Robert K. Tompkins, Sean Belanger, and Richard Ariel of Holland
& Knight LLP, Washington, DC, counsel for Appellant.
Paula Hughes and Marta M. Rajchel, Office of the General Counsel, Department of
Education, Washington, DC, counsel for Respondent.
LESTER, Board Judge.
ORDER
On March 6, 2024, after having settled the matters in dispute in these appeals, the
parties filed a joint motion to dismiss these appeals with prejudice.  The Board grants the
parties’ joint motion.  These appeals are 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:  August 25, 2025
CBCA 8517
RED, WHITE & BLUE K9 SERVICES LLC,
Appellant,
v.
DEPARTMENT OF THE TREASURY,
Respondent.
Brandon Holiday, Chief Executive Officer of Red, White & Blue K9 Services LLC,
Perkasie, PA, appearing for Appellant.
Jonathan D. Tepper and Justin M. Wakefield, Office of Chief Counsel, Internal
Revenue Service, Department of the Treasury, Washington, DC, counsel for Respondent.
KANG, Board Judge.
ORDER
On August 7, 2025, appellant moved to dismiss the appeal with prejudice.  Pursuant
to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)), the appeal is DISMISSED WITH
PREJUDICE.
    Jonathan L. Kang         
JONATHAN L. KANG
Board Judge
DISMISSED WITH PREJUDICE:  July 1, 2024
CBCA 8092
KING & GEORGE, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Edward T. DeLisle and Andrés M. Vera of Thompson Hine LLP, Washington, DC,
counsel for Appellant.
Alexander C. Vincent, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On June 27, 2024, appellant moved to dismiss this appeal with prejudice, pursuant to
Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)), because the underlying dispute has
been resolved.
The appeal is DISMISSED WITH PREJUDICE.
   Marian E. Sullivan        
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: June 3, 2024
CBCA 7620, 7746
ROAD AND HIGHWAY BUILDERS, LLC,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Robert F. Babcock of Babcock Scott & Babcock, P.C., Salt Lake City, UT, counsel
for Appellant.
Jack F. Gilbert and Emma R. Vyncke, Office of Chief Counsel, Federal Highway
Administration, Department of Transportation, Lakewood, CO, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On May 31, 2024, the parties filed a joint motion requesting that these consolidated
appeals be dismissed with prejudice.  The motion states that the parties have executed a
settlement agreement and, having fully resolved the dispute in this matter, jointly move for 
dismissal of the appeals pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)). 
The motion is granted.  The appeals are DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE:  June 19, 2014
CBCA 3641
RANGER CONTRACTING, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
L. Etienne Balart, Michael C. Drew, and Tarak Anada of Jones Walker LLP, New
Orleans, LA, counsel for Appellant.
Lisa C. House, Office of Regional Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On June 16, 2014, with the concurrence of respondent, appellant filed a motion to
dismiss the captioned appeal with prejudice.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
_________________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED:  March 5, 2009 
CBCA 1448 
PIXL, INC., 
Appellant, 
v. 
DEPARTMENT OF THE TREASURY, 
Respondent. 
Ajay Sagar, Vice President of PIXL, Inc., Fairfax, VA, appearing for Appellant. 
Lori R. Larson and John T. Kirsch, Office of Chief Counsel, Internal Revenue 
Service, Department of the Treasury, Washington, DC, counsel for Respondent. 
BORWICK, Board Judge. 
ORDER 
On December 15, 2008, appellant filed an appeal in the amount of $297,282.36, 
alleging that appellant had not been paid on certain invoices.  On February 17, 2009, 
respondent submitted a motion to dismiss the appeal for lack of jurisdiction, correctly 
noting that appellant had not filed a certified claim with the contracting officer and that if 
the e-mail correspondence between the parties resulting in the appeal was to be 
considered a claim, that correspondence was not certified.  Of course, submission of a 
written certified claim to the contracting officer where the amount of the claim is greater 
than $100,000 is a jurisdictional prerequisite to an appeal at this Board.  41 U.S.C. 
§ 605(a), (c)(1) (2006);  Newport News Shipbuilding & Dry Dock Co. v. Garrett , 6 F.3d 
1547, 1552-53 (Fed. Cir. 1993). 

      
 
 
  
 
  
__________________________ 
2 CBCA 1448 
On February 19, 2009, the Board held a conference on this matter during which 
appellant agreed to submit a written certified claim to the contracting officer and to 
pursue the legal remedies stated in the resulting contracting officer’s decision on the 
claim.  Appellant also agreed to respond to the motion to dismiss by withdrawing this 
appeal.  
On March 4, 2009, appellant, conceding the merits of respondent’s motion, moved 
to withdraw its appeal. Respondent does not object.  Pursuant to the motion of appellant 
and Rule 12(c), this appeal is DISMISSED . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED WITH PREJUDICE: January 5, 2011 
CBCA 2154 
REYNOLDS TRUCKING, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Daniel D. Reynolds, Owner of Reynolds Trucking, Elgin, OR, appearing for 
Appellant. 
Benjamin R. Hartman, Office of the General Counsel, Department of Agriculture, 
Portland, OR, counsel for Respondent. 
KULLBERG , Board Judge. 
ORDER 
On September 23, 2010, the Board docketed this appeal. On December 7, 2010, 
appellant advised the Board that the dispute in this appeal had been resolved. On January 3, 
2011, the parties jointly requested that this appeal be dismissed. 

 
      
______________________ 
  
 
2 CBCA 2154
 
Accordingly, this appeal is DISMISSED WITH PREJUDICE .
 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE:  May 16, 2025
CBCA 7996
SENATE BUILDERS & CONSTRUCTION MANAGERS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Robert G. Ruggieri of Cohen Seglias Pallas Greenhall & Furman PC, Philadelphia,
PA, counsel for Appellant.
Jared M. Levin, Office of General Counsel, District Contract Law National Practice
Group, Department of Veterans Affairs, Brockton, MA, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On May 14, 2025, the parties filed a joint stipulation for dismissal, advising that they
have settled the dispute underlying the captioned appeal.  The Board commends the parties
on their successful settlement.  Accordingly, this appeal is DISMISSED WITH
PREJUDICE.
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
MOTION FOR RECONSIDERATION DENIED: November 16, 2015
CBCA 4845-R
G2G, LLC,
Appellant,
v.
DEPARTMENT OF COMMERCE,
Respondent.
Darren Rittenhouse, Sole Member of G2G, LLC, Gainesville, VA, appearing for
Appellant.
Lisa J. Obayashi and Heidi Bourgeois, Office of the General Counsel, United States
Patent and Trademark Office, Department of Commerce, Alexandria, VA, counsel for
Respondent.
Before DANIELS, Board Judge (Chairman).
G2G, LLC (G2G) asks the Board to reconsider its decision, G2G, LLC v. Department
of Commerce, CBCA 4845, 15-1 BCA ¶ 36,115, which denied the contractor’s claim for
$14,813.97 for work it performed at the conclusion of its contract with the Department of
Commerce’s Patent and Trademark Office (PTO).  The agency opposes the motion. 
G2G maintains, as it did earlier, that the PTO’s direction to remove all its items from
G2G’s warehouse constituted work additional to what was contemplated in the contract, such
that the direction constructively changed the contract.  We have already fully considered this
argument, so reconsideration of it is not merited.  Board Rule 26(a) (48 CFR 6101.26(a)


CBCA 4845-R 2
(2015) (“Arguments already made and reinterpretations of old evidence are not sufficient
grounds for granting reconsideration.”)).
G2G also contends that one of our findings of fact is incorrect:  We found that “G2G’s
personnel moved all the items to a location just outside the warehouse, and another PTO
contractor picked them up there.”  G2G, 15-1 BCA at 176,311.  G2G says that its personnel
actually loaded the items onto the other contractor’s trucks.  Whether this is true or not, it
cannot alter the outcome of the case.  The contract required G2G to deliver PTO items from
its warehouse to PTO facilities at PTO direction, and whether G2G placed the items just
outside its warehouse or into trucks located just outside the warehouse, either represented “an
easier task than [G2G] would have [undertaken] if the agency had exercised its contractual
right to have the items delivered to agency facilities, for no transportation services were
necessitated.”  Id. at 176,312.  No change, constructive or otherwise, was made to the
contract as a result of the PTO’s actions at the conclusion of the contract.
The agency argues that because a decision in a case for which the appellant has
elected the small claims procedure (such as this one) “is final and conclusive and may not
be set aside except in cases of fraud,” 41 U.S.C. § 7106(b)(4) (2012), reconsideration is
available only if the moving party asserts that fraud tainted the decision.  G2G does not make
such an assertion, so the agency maintains that reconsideration is not available here.  We do
not agree with this position.  Board Rule 26, making reference to Board Rule 27, states that
reconsideration may be granted for any of a number of reasons, and it does not preclude
reconsideration in small claims cases.  Michael C. Lam v. General Services Administration,
CBCA 1213-R, 09-1 BCA ¶ 34,105.  Nevertheless, we DENY RECONSIDERATION here
because G2G has not advanced any reason which merits it.
_________________________
STEPHEN M. DANIELS
Board Judge
DISMISSED WITHOUT PREJUDICE:  March 14, 2023
CBCA 7664
HIGHWAY AND SAFETY SERVICES, INC.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Daryle A. Jordan of Jordan Guydon LLP, Fairfax, VA, counsel for Appellant.
Logan Sharpe, Office of the Chief Counsel, Federal Highway Administration,
Department of Transportation, Vancouver, WA, counsel for Respondent.
BEARDSLEY, Board Judge (Chair).
ORDER
On March 8, 2023, the parties filed a joint motion to dismiss the appeal without
prejudice in accordance with Board Rule 12(b)(2) (48 CFR 6101.12(b)(2)(2021)). 
Accordingly, the appeal is DISMISSED WITHOUT PREJUDICE.  
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE:  December 9, 2025
CBCA 8271
EMPIRE SITE COMMUNICATION MANAGEMENT, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Thomas S. Maroun, Phoenix, AZ, counsel for Appellant.
Jared M. Levin, Office of General Counsel, Department of Veterans Affairs,
Brockton, MA, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have filed a joint request for dismissal with prejudice, stating that this
appeal has been resolved.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: September 8, 2016
CBCA 5378
LLOYD’S RENTAL & SALES,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Lloyd C. Bowden, Owner of Lloyd’s Rentals & Sales, Wilmington, NC, appearing for
Appellant.
Kathleen K. Barksdale, Office of Regional Counsel, General Services Administration,
Philadelphia, PA, counsel for Respondent.
HYATT, Board Judge.
ORDER
During a scheduling conference convened with the parties on September 6, 2016, the
owner of appellant, Lloyd’s Rental & Sales, stated that he would like to withdraw this appeal. 
Accordingly, this appeal is hereby DISMISSED WITH PREJUDICE.
__________________________________
CATHERINE B. HYATT
Board Judge
DISMISSED WITHOUT PREJUDICE: March 18, 2020
CBCA 6712
MIDLAND LANGUAGE CENTER,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Tatjana Markovic, President of Midland Language Center, St. Louis, MO, appearing
for Appellant.
Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs,
Houston, TX, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On March 2, 2020, respondent, Department of Veterans Affairs, moved to dismiss this
appeal for lack of jurisdiction. On March 17, 2020, appellant, Midland Language Center,
filed a response in which it withdrew its appeal.
The appeal is DISMISSED WITHOUT PREJUDICE.
Marian E. Sullivan
MARIAN E. SULLIVAN
Board Judge
DISMISSED: May 22, 2017
CBCA 5734
THE KPA GROUP,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Paul W. Powers, President of The KPA Group, Pleasanton, CA, appearing for
Appellant.
David G. Fagan, Donald Mobly, and Michael Hughes, Office of General Counsel,
Department of Veterans Affairs, Portland, OR, counsel for Respondent.
SULLIVAN, Board Judge.
 ORDER
By filing dated May 22, 2017, appellant, The KPA Group, moved to withdraw its
appeal.  The KPA Group did not certify the claims to the contracting officer that underlie its
appeal, although the amount of its claims exceeded the $100,000 threshold for certification. 
 


CBCA 5734 2
The appeal is DISMISSED.  
___________________________
MARIAN E. SULLIVAN
   Board Judge
CONSOLIDATED; DISMISSED WITH PREJUDICE: June 21, 2022
CBCA 6885, 7051, 7375
ROCJOI MEDICAL IMAGING, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Joseph A. Camardo, Jr. of Camardo Law Firm, P.C., Auburn, NY, counsel for
Appellant.
 
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR; and Jared M. Levin, Office of General Counsel, Department of Veterans
Affairs, Brockton, MA, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled these appeals and jointly request dismissal with prejudice. 
CBCA 6885 and CBCA 7051 were previously consolidated.  The Board CONSOLIDATES
related CBCA 7375 with the other appeals on its own initiative and DISMISSES WITH
PREJUDICE the consolidated appeals.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE:  July 13, 2009
 
CBCA 1591
 
QUALITY METALS, INC.,
 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
Matthew B. Seltzer of Leonard, Street and Deinard, Minneapolis, MN, counsel for 
Appellant. 
William D. Robinson, Office of the General Counsel, Federal Bureau of Prisons, 
Department of Justice, Washington, DC, counsel for Respondent. 
SHERIDAN,  Board Judge. 
ORDER 
Quality Metals, Inc. appealed a final decision issued on delivery orders 
DJU4600003348, DJU4600003382, and DJU4600003392, awarded by the Department of 
Justice, UNICOR Federal Prison Industries, Inc. 
The parties have settled their dispute and appellant has moved to dismiss its appeal. 
The respondent does not oppose the motion. 
Accordingly, the case is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
______________________________________ 
 
 
DISMISSED WITH PREJUDICE: March 8, 2012 
CBCA 2518 
PASADENA SSA, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Scott P. Fitzsimmons of Watt, Tieder, Hoffar & Fitzgerald L.L.P., McLean, VA, 
counsel for Appellant. 
Leonard E. Lucas III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
STERN, Board Judge. 
ORDER 
After this appeal was filed, the Board conducted an alternative disputes resolution 
proceeding which resulted in a settlement of all issues before the Board. 
The parties have filed a stipulation with the Board requesting dismissal of the appeal 
with each party bearing its own costs and attorney fees. In accordance with this stipulation, 
the appeal is DISMISSED WITH PREJUDICE . 
JAMES L. STERN 
Board Judge
GRANTED IN PART: December 14, 2009 
CBCA 518, 519, 764, 765, 1202 
DICK CORPORATION/MATT CONSTRUCTION, A JOINT VENTURE, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Randall F. Hafer and Frank L. Bigelis of Kilpatrick Stockton LLP, Atlanta, GA; and 
Michael T. Ambroso of Dick Corporation, Pittsburgh, PA, counsel for Appellant. 
Heather R. Cameron, James F. H. Scott, and Lesley M. Busch, Office of the General 
Counsel, General Services Administration, Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS  (Chairman), BORWICK, and GOODMAN . 
DANIELS , Board Judge. 
Dick Corporation/Matt Construction, A Joint Venture (Dick/Matt) built the United 
States Courthouse in Fresno, California, under a contract with the General Services 
Administration (GSA).  A series of disputes arose between the parties, and Dick/Matt 
eventually appealed to the Board GSA contracting officer decisions denying claims totaling 
$9,868,463.87 .  The appeals were docketed as follows: 
-- CBCA 518: $96,480 for alleged additional engineering costs associated with 
GSA Bulletin Nos. 19 and 26; 

  
   
    
 
  
      
 
   
     
_________________________ 
2 CBCA 518, 519, 764, 765, 1202 
-­ CBCA 519: $372,463.87 for alleged additional utility services incurred after 
Dick/Matt’s planned substantial completion date; 
-­ CBCA 764: $430,500 for alleged wrongfully assessed liquidated damages; 
-­ CBCA 765: $624,821 for amounts withheld for alleged deficiencies; and 
-­ CBCA 1202: $8,344,199 for direct and indirect costs allegedly incurred due 
to (a) delays and impacts arising from design deficiencies and (b) GSA’s 
maladministration of the request for information, change order, and punch-list 
processes. 
The parties have now resolved their differences and asked the Board to issue a 
decision requiring GSA to pay to Dick/Matt the stipulated sum of $4,750,000 plus interest, 
calculated at the applicable Department of the Treasury rate pursuant to the Contract 
Disputes Act, 41 U.S.C. § 611 (2006), from August 15, 2009, until the date of payment.  The 
parties have represented that neither will seek reconsideration of or relief from a decision 
which adopts this stipulated settlement, and that neither will appeal such a decision. 
Decision 
Each of the appeals is GRANTED IN PART . GSA shall pay to Dick/Matt 
$4,750,000 plus interest, calculated at the applicable Department of the Treasury rate 
pursuant to the Contract Disputes Act, 41 U.S.C. § 611 (2006), from August 15, 2009, until 
the date of payment. These funds shall be paid from the permanent indefinite judgment fund, 
31 U.S.C. § 1304. 
STEPHEN M. DANIELS 
Board Judge 

_________________________ _________________________ 
3 CBCA 518, 519, 764, 765, 1202 
We concur: 
ANTHONY S. BORWICK ALLAN H. GOODMAN 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: December 13, 2017
CBCA 5807, 5808
RAEFORD LAND CLEARING, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
J. Matthew Maguire, Jr. of Parks, Chesin & Walbert, PC, Atlanta, GA, counsel for
Appellant.
Adrienne D. Bolton, Office of the Regional Solicitor, Department of the Interior,
Atlanta, GA, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
The Board is in receipt of the parties’ motion to dismiss the above-referenced matters. 
In accordance with the parties’ request, these appeals are DISMISSED WITH
PREJUDICE.  
__________________________
JERI K. SOMERS
Board Judge
DISMISSED: September 15, 2010 
CBCA 1878 
SECTEK, INC., 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Jeffrey Weinstein of Jeffrey Weinstein, PLLC, Washington, DC, counsel for 
Appellant. 
Denise A. McLane, Office of Principal Legal Advisor, Immigration and Customs 
Enforcement, Department of Homeland Security, Philadelphia, PA, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
The Board was notified that the parties had settled this appeal and on September 14, 
2010, appellant moved to dismiss the appeal in accordance with the executed settlement 
agreement. 
Accordingly, the appeal is DISMISSED . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE:  March 18, 2026
CBCA 8772
PLANET TECHNOLOGIES, INC.,
Appellant,
v.
OFFICE OF PERSONNEL MANAGEMENT,
Respondent.
William A. Shook of The Law Offices of William A. Shook PLLC, Washington, DC,
counsel for Appellant.
Emily Warner, Office of the General Counsel, Office of Personnel Management,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On March 18, 2026, the parties filed a joint motion seeking dismissal of the appeal,
representing that they have settled the underlying dispute.  The parties’ motion is granted. 
The appeal is DISMISSED WITH PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: September 25, 2015
CBCA 3133, 3966
DOT CONSTRUCTION, INC., 
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Jackson Wyatt Moore, Jr., Tobias R. Coleman, and Peter J. Marino of Smith,
Anderson, Blount, Dorsett, Mitchell & Jerningan, LLP, Raleigh, NC, counsel for Appellant.
Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta,
GA, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
On September 23, 2015, the Board received a motion to dismiss these appeals with
prejudice.  Accordingly, these appeals are DISMISSED WITH PREJUDICE.
______________________________
JEROME M. DRUMMOND
Board Judge
______________________ 
DISMISSED WITH PREJUDICE: February 16, 2007 
CBCA 343 
ORIZON, INC., 
Appellant, 
v. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 
Respondent. 
Romero van Bochove, President/CEO, Shari Lerner, Director of Operations, and 
Michael McLean, Executive Vice President of Orizon, Inc., Rockville, MD, appearing for 
Appellant. 
Angela T. Puri and Brenda D. Joseph-Chambers, Office of General Counsel, 
Department of Housing and Urban Development, Washington, DC, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
Appellant confirmed during a conference call on February 12, 2007 that its letter dated 
February 9, 2007 was a request that this appeal be dismissed with prejudice.  The 
Government does not object to such a dismissal. This appeal, therefore, is DISMISSED 
WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED: December 18, 2008 
CBCA 1400 
ELECTRONIC DATA SYSTEMS, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Daniel R. Forman and Puja Satiani, Crowell & Moring LLP, Washington, DC, counsel 
for Appellant. 
Nathan C. Guerrero, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On November 28, 2008, the respondent filed with the Board a motion to dismiss, 
representing that the Board did not have jurisdiction over this appeal because Electronic Data 
Systems, LLC (EDS) “[had] not submitted a certified claim based upon a sum certain [and] 
any purported final decision by the contracting officer is of no legal effect.” 
In a conference call conducted on December 4, 2008, among the undersigned; Daniel 
R. Forman, Esq., appellant’s counsel; and Nathan C. Guerrero, Esq., respondent’s counsel, 
the parties jointly requested that this appeal be dismissed without prejudice.  
As reason for the joint request respondent acknowledged that at the time of appeal a 

  
      
   
   
                                                             
2 CBCA 1400 
certified claim had not been filed with the contracting officer, however, it had received some 
correspondence from the contracting officer that contained language that led the appellant 
to believe that it needed to file an appeal to protect its rights to appeal.  The parties agree that 
this appeal is premature because it does not arise out of a claim. 
In the December 4 conference call, the parties represented that a proper certified claim 
has now been presented to the contracting officer, that they are discussing the claim, and that 
the contracting officer will issue a final decision if they are unable to resolve the claim.  
Accordingly, this appeal is DISMISSED . 
PATRICIA J. SHERIDAN 
Board Judge
____________________________ 
                         
                         
DISMISSED:  August 20, 2010 
CBCA 1654 
HPI/GSA-4A, LLC, 
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. 
Heather R. Cameron, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
BORWICK, Board Judge. 
ORDER 
On August 19, 2010, the parties reported that they had reached a settlement of this 
matter and moved to dismiss the appeal.  Pursuant to the agreement of the parties and 
Rule 12(c), this appeal is DISMISSED . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED WITH PREJUDICE:  October 20, 2023
CBCA 6795
GRAND STRATEGY, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Gaëtan Gerville-Réache and Adam D. Bruski of Warner Norcross + Judd LLP, Grand
Rapids, MI, counsel for Appellant.
Francis P. Gainer and Adrienne Z. Schwartz, Office of General Counsel, Department
of Veterans Affairs, Washington, DC; and Jennifer Claypool, Office of General Counsel,
Department of Veterans Affairs, Hines, IL, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On October 19, 2023, the parties submitted a joint request to dismiss this appeal with
prejudice and without an award of costs or fees.  In the motion, the parties stated that they
have resolved all issues under appeal through a settlement agreement, bilateral modifications
to the contracts, and payment of the settlement amount.  The motion is granted.  The appeal
is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
GRANTED IN PART: March 31, 2010 
CBCA 1806 
JRS MANAGEMENT, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Jacqueline Sims, President of JRS Management, Lawrenceville, GA, appearing for 
Appellant. 
Tony A. Ross, Office of Regional Counsel, Department of Veterans Affairs, 
Baltimore, MD, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), GILMORE , and STEEL . 
STEEL , Board Judge. 
On November 20, 2009, JRS Management (JRS) appealed the final decision of a 
Department of Veterans Affairs (VA) contracting officer based on a partial denial of its 
claim. 
On March 19, 2010, the parties filed a joint motion for judgment on stipulated 
settlement. The parties jointly stipulated that judgment should be entered in favor of 
appellant in the amount of $50,717.80, as full and complete compensation for all costs, direct 

 
              
             
              
           
            
     
                                          
  
 
 
                                                                                          
    
  
2 CBCA 1806 
and indirect, including but not limited to impact on both changed and unchanged work, and 
attorney fees and all interest associated with the above-captioned case. The parties further 
stipulated that they will not seek reconsideration of, or relief from the Board’s decision, and 
they will not appeal the Board’s decision in this matter. 
Decision 
The appeal is GRANTED IN PART. In accordance with the parties’ motion, 
appellant is awarded $50,717.80. 
CANDIDA S. STEEL 
Board Judge 
We concur: 
STEPHEN M. DANIELS BERYL S. GILMORE 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: March 15, 2016
CBCA 4733
AvKARE, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
James S. Phillips and Julie M. Nichols of Argus Legal, LLC, McLean, VA, counsel
for Appellant.
Maura C. Brown, Vanessa L. Calabrese and Elyse M. Griffiths, Office of the General
Counsel, Department of Veterans Affairs, Hines, IL, counsel for Respondent.
ORDER
On March 10, 2016, the parties informed the Board that they stipulated to the
dismissal with prejudice of the above-captioned appeal.
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
                                                             
PATRICIA J. SHERIDAN
Board Judge
GRANTED IN PART: September 30, 2015
CBCA 4590, 4758
KEVCON, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William L. Bruckner and Thomas M. Regan of Bruckner Law Firm, APC, San Diego,
CA, counsel for Appellant.
Stacey North-Willis, Office of General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), SHERIDAN, and WALTERS.
WALTERS, Board Judge.  
On September 29, 2015, the parties submitted a joint motion for judgment on
stipulated settlement, stating that they have entered into a settlement agreement under which
they have settled fully the disputes forming the basis of the above-captioned consolidated
appeals.  Pursuant to that agreement, they have jointly moved the Board for judgment in favor
of the appellant, Kevcon, Inc., in the stipulated amount of $580,000.  The settlement
agreement indicates the parties’ intent that payment be made from the permanent indefinite
judgment fund, and respondent, the Department of Veterans Affairs, has agreed that, within
fifteen days of its receipt of this decision, it will submit to the Department of the Treasury the
documents necessary to ensure payment of the stipulated amount from the judgment fund. 


CBCA 4590, 4758 2
Under the joint motion, the parties state that they will not seek reconsideration of, or
relief from, the Board’s decision, and will not appeal the decision.  In addition, under the
joint motion and the settlement agreement, appellant has waived any right it may have to
interest or to seek recovery of attorney fees and expenses under the Equal Access to Justice
Act.
Decision
The appeals are GRANTED IN PART.  In accordance with the parties’ joint motion,
the Board awards appellant, Kevcon, Inc., the stipulated settlement amount of $580,000. 
Rule 25(b) (48 CFR 6101.25(b) (2014)).  Payment to Kevcon, Inc. of that amount is to be
made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012).
_________________________
RICHARD C. WALTERS
Board Judge
We concur:
____________________________ __________________________
STEPHEN M. DANIELS PATRICIA J. SHERIDAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: October 30, 2017
CBCA 4918(3288)-REM
JRS MANAGEMENT,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Jacqueline Sims, Owner of JRS Management, Lawrenceville, GA, appearing for
Appellant.
William D. Robinson and P. Vicky K. Bhandari, Office of General Counsel, Federal
Bureau of Prisons, Department of Justice, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On March 6, 2013, the Board received a notice of appeal from JRS Management
(contractor) concerning the denial of its claim to recover $18,431.73.  The dispute involves
a contract, DJBP03091100010, and task order, DJBP030900000026, thereunder, under which
the contractor was to provide culinary arts instructor services to the respondent, the
Department of Justice (agency).  After the Court of Appeals for the Federal Circuit vacated
an opinion and remanded the case to the Board, the parties entered into a settlement
agreement and resolved this dispute.  As requested by the contractor, the Board DISMISSES
WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: April 6, 2016
CBCA 4008, 5206
AULET CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Jennifer Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The Department of Veterans Affairs (VA) contracted with Aulet Contracting, Inc.
(Aulet) for the installation of a sprinkler system at the VA hospital in Northport, New York. 
The VA terminated the contract for the convenience of the Government.  Aulet then
submitted a termination settlement proposal in the amount of $1,040,546.37 and, five months
later, converted the proposal into a claim.  The contractor appealed from the contracting
officer’s deemed denial of the claim, and the Board docketed the appeal as CBCA 4008. 
Subsequently, the contracting officer decided that Aulet was entitled to $832,000.  The
contractor appealed that decision as well, and this appeal was docketed as CBCA 5206.


CBCA 4008, 5206 2
Aulet has now moved the Board to dismiss both cases with prejudice, stating that the
parties have settled their dispute.
Accordingly, CBCA 4008 and CBCA 5206 are DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
DISMISSED WITH PREJUDICE: June 11, 2015
CBCA 4552
HP MEDICAL, LTD,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jonathan M. Bailey and Kristin E. Zachman of Bailey & Bailey, P.C., San Antonio,
TX, counsel for Appellant.
Mary A. Mitchell, Office of Regional Counsel, Department of Veterans Affairs,
Houston, TX, counsel for Respondent.
LESTER, Board Judge. 
ORDER
On June 8, 2015, the parties notified the Board that a settlement agreement has been
executed resolving all disputes in the above-captioned matter.  Accordingly, this appeal is
DISMISSED WITH PREJUDICE.
_________________________________
HAROLD D. LESTER, JR.
Board Judge
DISMISSED: August 17, 2012 
CBCA 2898 
TORNADO SOFT EXCAVATION, LLC, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Patrick Ryan, Owner of Tornado Soft Excavation, LLC, Independence, OR, appearing 
for Appellant. 
Zoey L. Kohn, Office of General Counsel, Department of Agriculture, Portland, OR, 
counsel for Respondent. 
POLLACK , Board Judge. 
ORDER 
On July 24, 2012, the Board docketed CBCA 2898 in response to a filing from 
appellant that was received by the Board on July 19, 2012. It has been determined that the 
filing was not intended as an appeal, but rather was intended as a filing in CBCA 2857. On 
August 2, 2012, the Board held a telephone conference with the parties to clarify the status 
of CBCA 2898. The parties agreed that the docketed matter was not intended as a separate 

      
        
__________________________ 
  
 
2 CBCA 2898 
appeal, that the newly docketed appeal should be dismissed, and that the matter would 
continue to be pursued under CBCA 2857. Accordingly, the appeal in CBCA 2898 is 
DISMISSED. 
HOWARD A. POLLACK 
Board Judge
GRANTED IN PART:  November 2, 2007 
CBCA 453 
P.J. DICK, INCORPORATED, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
John C. Person of Person & Craver LLP, Washington, DC, counsel for Appellant. 
Timothy C. Tozer, Office of Regional Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges BORWICK, DeGRAFF , and GOODMAN . 
GOODMAN , Board Judge. 
Appellant, P.J. Dick, Incorporated, was awarded a firm, fixed price contract by the 
General Services Administration (GSA or respondent) to construct a facility for the National 
Oceanic & Atmospheric Administration’s National Environmental Satellite Data and 
Information Services in Suitland, Maryland.  Appellant filed a claim alleging that it incurred 
additional excavation costs in the amount of $313,770.  Respondent’s contracting officer 
issued a decision dated February 6, 2006, from which appellant appealed
.1 
1 This case was docketed at the General Services Administration Board of Contract 
Appeals (GSBCA) as GSBCA 16880.  On January 6, 2007, pursuant to section 847 of the 
National Defense Authorization Act for Fiscal Year 2006, Pub. L. No. 109-163, the GSBCA 

 
            
  
 
    
 
  
  
  
 
___________________________________ 
_______________________________ _________________________________ 
2 CBCA 453 
On October 29, 2007, the parties filed a joint request for entry of judgement and 
dismissal of the appeal, which stated: 
The parties jointly stipulate that Judgment should be entered in favor of 
Appellant . . . in the amount of $200,000.00, inclusive of interest allowable 
under the Contract Disputes Act, 41 U.S.C. §§ 601, et seq. 
Pursuant to Rule 31 of the Board’s . . . Rules of Procedure, the parties 
further certify that they shall not seek review or reconsideration of judgment 
so rendered. With respect to the decision of the Board issued pursuant to this 
stipulation, the parties waive their rights to reconsideration under Rule 26, 
rights to relief from judgement under Rule 27, and rights to appeal the 
decision. 
Accordingly, the appeal is GRANTED IN PART .  In accordance with the parties’ 
joint stipulation, the Board awards the sum of $200,000 inclusive of interest in accordance 
with the Contract Disputes Act, to be paid from the permanent indefinite judgment fund.  31 
U.S.C. § 1304 (2000). 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
ANTHONY S. BORWICK MARTHA H. DEGRAFF 
Board Judge Board Judge 
was terminated and its cases, personnel, and other resources were transferred to the newly-
established Civilian Board of Contract Appeals (CBCA).  This case was docketed by the 
CBCA as CBCA 453.
DISMISSED WITH PREJUDICE: February 6, 2020
CBCA 6555
ALARES LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Daniel Rodriguez and Victor G. Klingelhofer of Cordatis LLP, Arlington, VA,
counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of appellant’s request for entry of dismissal, filed on
February 6, 2020, in the above-referenced case.  Appellant states that the parties have settled
the matter and requests that the Board dismiss this appeal with prejudice. 


CBCA 6555 2
In accordance with appellant’s request, this appeal is DISMISSED WITH
PREJUDICE. 
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: April 27, 2021
CBCA 6902
I-70 MOTORS, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Jason Fruend, Owner of I-70 Motors, LLC, Warrenton, MO, appearing for Appellant.
Bethany B. White, Office of General Counsel, General Services Administration,
Atlanta, GA, 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:  November 15, 2024
CBCA 7465
HONEYWELL INTERNATIONAL INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Robert J. Sneckenberg, Eric K. Herendeen, and Sarah Burgart Styles of Crowell &
Moring LLP, Washington, DC, counsel for Appellant.
Jay Bernstein and Kelly Y. Burnell, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On November 14, 2024, appellant, Honeywell International Inc., moved to dismiss
this appeal with prejudice pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)). 
Appellant informed the Board that the parties resolved their dispute and executed a
settlement agreement.  The motion is granted, and the appeal is DISMISSED WITH
PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: September 30, 2009 
CBCA 994, 1457 
GUARDIAN ENVIRONMENTAL SERVICES, INC., 
Appellant, 
v. 
ENVIRONMENTAL PROTECTION AGENCY, 
Respondent. 
Douglas C. Proxmire of Patton Boggs, LLP, Washington, DC, counsel for Appellant. 
Kenneth R. Pakula, Office of General Counsel, Environmental Protection Agency, 
Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On September 28, 2009, the parties filed a motion to dismiss these appeals with 
prejudice.  Pursuant to Rule 12(d), these appeals are DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
_____________________ 
DISMISSED WITH PREJUDICE: November 19, 2008 
CBCA 1327, 1328, 1329, 1330 
PT WIJAYA KARYA, 
Appellant, 
v. 
AGENCY FOR INTERNATIONAL DEVELOPMENT, 
Respondent. 
Budi Harto, Operations Director of PT Wijaya Karya, Jakarta, West Java, Indonesia, 
appearing for Appellant. 
Warren Leishman, Office of the General Counsel, Agency for International 
Development (USAID), Washington, DC; and Tanya J. Nunn, USAID/Indonesia, FPO, Area 
Pacific, counsel for Respondent. 
ORDER 
VERGILIO , Board Judge. 
Under a cover letter dated August 27, 2008, PT Wijaya Karya filed notices of appeal 
regarding four claims denied by a contracting officer.  The disputes arose under its contract, 
497-C-00-05-00044-00, with the Agency for International Development for road 
rehabilitation and reconstruction in Indonesia.  As specified in the notices of appeal, the 
contractor seeks relief totaling $11,999,011.  With formal proceedings stayed, the parties 
utilized Board Judge Borwick as a neutral mediator in non-binding alternative dispute 
resolution (ADR) mediation.  The parties entered into a settlement agreement in November. 
On November 17, 2008, the Board received a request for a dismissal with prejudice of each 
case.  The appeals are DISMISSED WITH PREJUDICE . 
JOSEPH A. VERGILIO 
Board Judge
DISMISSED WITH PREJUDICE: October 21, 2008 
CBCA 159 
ROCKY MOUNTAIN HELIUM, LLC, 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
William F. Demarest, Jr. and Shannon P. Coleman of Husch Blackwell Sanders LLP, 
Washington, DC, counsel for Appellant. 
James L. Weiner and Charles B. Wallace, Office of the Solicitor, Department of the 
Interior, Washington, DC, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On October 14, 2008, the Board received the parties’ joint status report that advised 
of their progress toward settlement of this appeal. The parties advised that they had executed 
a settlement agreement on August 29, 2008, following a mediation. 
The parties have further advised that this appeal can be dismissed with prejudice in 
that the underlying dispute in this appeal has been resolved, and the resolution of any dispute 

______________________ 
2 CBCA 159 
as to the implementation of certain terms under the settlement agreement will be subject to 
mediation.  
This appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
GRANTED IN PART: June 16, 2015
CBCA 3849
BRASFIELD & GORRIE, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Laurence Schor, Dennis C. Ehlers, and Robert D. Pratt of Asmar, Schor & McKenna,
PLLC, Washington, DC; and Axel Bolvig III, Luke D. Martin, and J. Christopher Selman of
Bradley Arant Boult & Cummings, LLP, Birmingham, AL, counsel for Appellant.
Stacey North-Willis, Beth Chesney, Benjamin Diliberto, and Charlma Quarles, Office
of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for
Respondent.
Before Board Judges DANIELS (Chairman), HYATT, and VERGILIO.
DANIELS, Board Judge.
The Department of Veterans Affairs (VA) and Brasfield & Gorrie, LLC (B&G)
entered into a contract for the construction of a hospital and clinic at the VA’s Medical
Center in Orlando, Florida.  The original contract was in the amount of $276,773,030.
In the course of construction, B&G submitted many claims to the VA.  Among them
was claim 4, for damages the contractor and its subcontractors allegedly incurred as a result


CBCA 3849 2
of delays caused by the VA.  This claim is for 140 days of compensable delay and associated
costs in the amount of $17,718,794.
The VA contracting officer denied this claim.  B&G appealed the decision, and the
Board docketed the appeal as CBCA 3849.
The parties have now filed a joint motion for stipulated judgment pursuant to Board
Rule 25(b) (48 CFR 6101.25(b) (2014)).  In this motion, they ask the Board to award to B&G
$16,359,475, plus interest calculated pursuant to the Contract Disputes Act, 41 U.S.C. § 7109
(2012), from December 20, 2013, until the date of payment; and an extension of the contract
completion date by 140 calendar days, from December 8, 2013, until April 27, 2014.
The parties state that B&G will not seek attorney fees in conjunction with the
prosecution of these appeals.  The parties state further that they will not seek reconsideration
of, or relief from, a Board decision which awards the stipulated amounts and extensions of
contract completion date, and that they will not appeal the decision.
Decision
CBCA 3849 is GRANTED IN PART.  The Department of Veterans Affairs shall pay
to Brasfield & Gorrie, LLC, $16,359,475, plus interest calculated pursuant to the Contract
Disputes Act from December 20, 2013, until the date of payment.  This payment may be
made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
The Board also extends the contract completion date, as stipulated by the parties in
their joint motion.
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
_________________________ _________________________
CATHERINE B. HYATT JOSEPH A. VERGILIO
Board Judge Board Judge