Kmisener/CBCA_Full huggingface dataset:
DISMISSED WITH PREJUDICE: July 17, 2012 
CBCA 1848 
LUMETRA, 
Appellant, 
v. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES, 
Respondent. 
Alexander J. Brittin of Brittin Law Group, P.L.L.C., McLean, VA, counsel for 
Appellant. 
Douglas Kornreich and Catherine Graf, Office of the General Counsel, Department 
of Health and Human Services, Baltimore, MD, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On October 31, 2005, the Department of Health and Human Services, Centers for 
Medicare and Medicaid Services, awarded Lumetra contract HHSM-500-2006-CA002C for 
Medicare quality improvement work. On September 24, 2009, Lumetra filed a certified 
claim in the amount of $1,171,920.19. The contracting officer denied Lumetra’s claim on 
November 18, 2009. Lumetra appealed. 

 
              
             
   
                                                   
  
 
2 CBCA 1848 
On July 9, 2012, the parties signed a settlement agreement and appellant has filed an 
unopposed motion to dismiss the appeal in its entirety. Accordingly, this appeal is 
DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
GRANTED IN PART:  August 26, 2020
CBCA 6615
HALBERT CONSTRUCTION COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jason R. Thornton of Finch, Thornton & Baird, LLP, San Diego, CA, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
Before Board Judges KULLBERG, SHERIDAN, and LESTER.
LESTER, Board Judge.
On August 24, 2020, appellant, Halbert Construction Company, Inc. (Halbert), and
respondent, the Department of Veterans Affairs (VA), filed a joint motion requesting the
entry of judgment in Halbert’s favor in the amount of $90,000 on a stipulated settlement,
with payment to be made through the permanent indefinite judgment fund.  The parties have
agreed that they will not seek appeal of, reconsideration of, or relief from the Board's
decision, and Halbert represents that it has waived all further claims that it might have for
the recovery of interest, costs, attorney fees, and/or expenses incurred in the litigation of this
appeal.


CBCA 6615 2
Decision
This appeal is GRANTED IN PART.  The VA shall pay $90,000, inclusive of
interest, to Halbert in full settlement of CBCA 6615, with each party to bear its own costs,
attorney fees, and expenses.  This payment shall be made in accordance with 41 U.S.C.
§ 7108 (2018) and may be made from the permanent indefinite judgment fund, 31 U.S.C.
§ 1304.
   Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
We concur:
   H. Chuck Kullberg           Patricia J. Sheridan       
H. CHUCK KULLBERG PATRICIA J. SHERIDAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: February 22, 2013
CBCA 2939
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Owings Mills, MD, counsel for Appellant.
J. Carter Robertson, Officer of Chief Counsel, United States Secret Service,
Department of Homeland Security, Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On January 16, 2013, the Board received from the parties a joint stipulation of
dismissal and withdrawal with prejudice.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
                                                
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: August 1, 2017
CBCA 5509
VIGHTER MEDICAL GROUP, LLC,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Timothy M. Connelly of Tim Connelly Law PLLC, Edina, MN, counsel for Appellant.
Megan E. Petersen, Jerry S. Hiett, Jack R. Cordes, and Anna F. Kurtz, Office of the
General Counsel, Federal Bureau of Investigation, Department of Justice, Washington, DC,
counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On August 1, 2017, the parties advised the Board that they had reached a settlement
and requested that this appeal be dismissed.  Accordingly, this appeal is DISMISSED WITH
PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
____________________________ 
 
 
DISMISSED WITH PREJUDICE: October 29, 2010 
CBCA 1862 
BERRY LOGISTICS AND TRANSPORTATION, INC., 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Jesse W. Rigby of Clark Partington Hart Larry Bond & Stackhouse, Pensacola, FL, 
counsel for Appellant. 
George W. Griffith and Trisha L. Besselman, Office of Chief Counsel, Federal Law 
Enforcement Training Center, Department of Homeland Security, Glynco, GA, counsel for 
Respondent. 
STERN, Board Judge 
ORDER 
The parties have advised the Board that they have agreed to settle all issues in this 
appeal with each party bearing its own attorney fees and costs. 
In accordance with the agreement of the parties, this appeal is DISMISSED WITH 
PREJUDICE. 
JAMES L. STERN 
Board Judge
DISMISSED WITH PREJUDICE: April 16, 2018
CBCA 6039
BENT MARINE, LLC, 
Appellant,
v.
 
GENERAL SERVICES ADMINISTRATION,
Respondent.
Alexander P. Koffler of Fertig & Gramling, Fort Lauderdale, FL, counsel for
Appellant.
Tyler J. Mullen, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of the parties’ joint motion for dismissal, filed on April 13,
2018, in the above-referenced case.  The parties state that they have resolved the matter and
request that the Board dismiss this appeal with prejudice. 


CBCA 6039 2
In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE.
Marian E. Sullivan 
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  May 15, 2014
CBCA 3379, 3505
MATRICAL BIOSCIENCE,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Patricia Sons Biswanger of Palmarella Curry, P.C., Wayne, PA, counsel for Appellant.
James E. Hicks, Office of Chief Counsel, Drug Enforcement Administration,
Department of Justice, Springfield, VA, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The appellant has advised the Board that these appeals have been settled and has
requested that the appeals be dismissed.  Accordingly, the appeals are DISMISSED WITH
PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
GRANTED: September 7, 2016
CBCA 5411
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Jonathan S. Aronie of Sheppard, Mullin, Richter & Hampton LLP, Washington, DC,
counsel for Appellant.
Jason A. Blindauer and Linda A. Santiago, Office of the General Counsel, Department
of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
Shortly after this appeal was filed, the parties jointly filed a motion and stipulation
complying with Board Rule 25(b) (48 CFR 6101.25(b) (2015)) for an award to the appellant
of $70,084.07, the amount sought in the notice of appeal.  Having concluded that we have
jurisdiction, and in particular that the appellant’s certified claim concerning purchase order
HHSN263201100323U, issued under schedule contract GS-25F-0062L, was correctly
submitted to the ordering contracting officer rather than the schedule contracting officer,
see Sharp Electronics Corp. v. McHugh, 707 F.3d 1367, 1374 (Fed. Cir. 2013), we grant the
motion and the appeal.  

CBCA 5411 2
Decision
The appeal is GRANTED.  The appellant is awarded $70,084.07.
__________________________________
KYLE CHADWICK
Board Judge
We concur:
______________________________ _________________________________
JERI KAYLENE SOMERS H. CHUCK KULLBERG
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  May 29, 2026
CBCA 8457
JOHN BLANKSON,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
John Blankson, pro se, New York, NY.
Robert J. Anderson and Aaron J. Pound, Office of General Counsel, General Services
Administration,1 Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On May 28, 2026, the parties advised the Board that they had reached a settlement and 
1 Due to an agency restructuring and reduction in force, counsel for the United
States Agency for International Development (USAID) withdrew from the case, effective
March 6, 2026.  Attorneys from the General Services Administration filed notices of
appearance “on behalf of USAID” on March 16, 2026.

CBCA 8457 2
requested that this appeal be dismissed.  Accordingly, this appeal is DISMISSED WITH
PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED:  July 29, 2010 
CBCA 1771   
 CALIFORNIA STATE TEACHERS’ RETIREMENT SYSTEM, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Robert C. MacKichan, Jr. and William M. Pannier of Holland & Knight LLP, 
Washington, DC, counsel for Appellant. 
Leonard E. Lucas III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
POLLACK , Board Judge. 
ORDER 
On October 27, 2009, the Board docketed CBCA 1771, an appeal by the California 
State Teachers’ Retirement System (CalSTRS) regarding a dispute over lease no. GS-11B­
01944 with the General Services Administration (GSA) for space occupied by the Drug 
Enforcement Administration. Soon after filing the appeal, the parties filed several motions 
dealing with substitution of party and adequacy of the submission of the claim, absence of 
a final contracting officer’s (CO’s) decision, and lack of certification as to amount.  In a 
conference call with the Board in December 2009, the parties agreed to hold the motions in 
abeyance and instead have appellant provide a new claim letter, have the CO address that 
letter, and if the claim was denied, proceed with a prompt appeal.  The expectation was that 
once that new appeal was in place, the parties would agree to dismiss the initial appeal on 
the basis of lack of jurisdiction.  The parties proceeded as agreed and on June 3, 2010, 
CSHV Lincoln Place, LLC, the assignee of the CalSTRS lease, timely appealed a 

                                      
  
 
 
______________________________ 
                                  2 CBCA 1771                                                    
contracting officer’s decision denying appellant’s claim.  That was docketed as CBCA 2030. 
Subsequently, by separate letters each party has stated it has no objection to dismissal of the 
initially filed case.  The complaint and earlier filings in CBCA 1771 are incorporated into 
the record in the new appeal. 
Accordingly, the appeal in CBCA 1771 is DISMISSED . 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE: April 25, 2022
CBCA 7216, 7217
1120 VERMONT AVENUE ASSOCIATES,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Mark H. M. Sosnowsky of Faegre Drinker Biddle & Reath LLP, Washington, DC,
counsel for Appellant.
Michael Converse, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice.  Accordingly,
the appeals are DISMISSED WITH PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
___________________________ 
DISMISSED WITH PREJUDICE:  November 7, 2007 
CBCA 186, 545 
STEELE AND ASSOCIATES, INC., 
A p p e l l a n t , 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
C. Jeffrey Steele, President of Steele and Associates, Inc., Alpharetta, GA, appearing 
for Appellant. 
Richard A. De Clerck, Office of the Solicitor, Department of the Interior, Portland, 
OR, counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
On November 5, 2007, appellant requested that the above-captioned cases be 
dismissed.  All matters having been settled, accordingly, these appeals are  DISMISSED 
WITH PREJUDICE . 
CANDIDA S. STEEL 
Board Judge
DISMISSED WITH PREJUDICE: July 12, 2010 
CBCA 2047 
MONUMENT CONSTRUCTION CORPORATION, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Pravin Dalsania, President of Monument Construction Corporation, Temple Hills, 
MD, appearing for Appellant. 
Stephen Schwartz, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On June 17, 2010, the Board docketed the appeal of Monument Construction 
Corporation.  
On July 8, 2010, appellant advised the Board that the parties had reached a settlement, 
and appellant requested that its appeal be withdrawn. 

______________________ 
2 CBCA 2047 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE:  June 23, 2023
CBCA 7627
BEST PRACTICES GROUP,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Peter J. Whalen, Principal of Best Practices Group, Renton, WA, appearing for
Appellant.
Jared Levin, Office of General Counsel, Department of Veterans Affairs, Brockton,
MA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On June 22, 2023, the parties filed a joint motion to dismiss this matter, advising the
Board that they had settled the appeal.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED FOR FAILURE TO PROSECUTE:  August 13, 2009 
CBCA 1528 
JOSEPH PORSENNA, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Joseph Porsenna, pro se, McDonough, GA. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
Before Board Judges STERN , McCANN , and DRUMMOND . 
McCANN , Board Judge. 
ORDER 
By order dated July 6, 2009, Mr. Porsenna was directed to show cause by July 20, 
2009, why this case should not be dismissed for failure to prosecute. He failed to do so and 
has not contacted the Board since that date.  The Board has attempted to contact 
Mr. Porsenna by phone and by certified mail on a number of occasions over the past two 
months, all to no avail. 

  
__________________________________ 
___________________________________ ___________________________________ 
2 CBCA 1528 
Since the Board is unable to contact Mr. Porsenna, and since Mr. Porsenna has failed 
to respond to the Board’s order to show cause why this case should not be dismissed, this 
case is hereby DISMISSED FOR FAILURE TO PROSECUTE . 
R. ANTHONY McCANN 
Board Judge 
We concur: 
JAMES L. STERN JEROME M. DRUMMOND 
Board Judge Board Judge
DISMISSED FOR FAILURE TO PROSECUTE: February 26, 2016
CBCA 5050
ELITE QUALITY SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF COMMERCE,
Respondent.
Bobby Higginbotham, Jr., Owner of Elite Quality Services, LLC, Orlando, FL,
appearing for Appellant.
Erin Frazee Masini and Lauren Didiuk, Office of General Counsel, Department of
Commerce, Washington, DC, counsel for Respondent.
Before Board Judges DRUMMOND, ZISCHKAU, and SULLIVAN.
DRUMMOND, Board Judge.
By order dated December 1, 2015, the Board acknowledged receipt of
respondent’s motion to dismiss for failure to state a claim and for lack of subject matter
jurisdiction, and ordered appellant to respond to said motion by Monday, January 4, 2016. 
Appellant failed to do so.
On January 14, 2016, the Board convened a telephonic conference with the parties
to discuss, inter alia, appellant’s failure to respond to the Board’s order dated
December 1, 2015.  During the conference, appellant agreed to respond to respondent’s
motion by January 29, 2016.  That same day, January 14, 2016, the Board issued an order
directing appellant to respond to respondent’s motion by January 29, 2016.  Appellant
failed to respond to the January 14, 2016, order.  Subsequently, by order dated February


CBCA 5050 2
1, 2016, the Board issued a show cause order, ordering appellant to either respond to
respondent’s motion or show cause by February 11, 2016, why this appeal should not be
dismissed for failure to prosecute.  Appellant failed to respond to the Board’s show cause
order.
Board Rule 33(c), Sanctions, provides: 
When a party or its representative or attorney . . . fails to comply with any
direction or order issued by the Board . . . the Board may make such orders
as are just, including the imposition of appropriate sanctions.  The sanctions
may include:
. . . .
     (6) Dismissing the case.
48 CFR 6101.33(c) (2015).
This rule makes clear that the Board has authority to dismiss a case for failure to
prosecute.  As this Board has held, this authority is reserved for situations “where parties
have repeatedly failed to comply with the tribunal’s orders.”  Medtek, Inc. v. Department
of Veteran Affairs, CBCA 1544, 09-2 BCA ¶ 34,285; see Kadin Corp. v. United States,
782 F.2d 175, 176 (Fed. Cir. 1986).  This is such a situation.
Decision
Accordingly, this appeal is DISMISSED FOR FAILURE TO PROSECUTE.
 
_______________________
JEROME M. DRUMMOND
Board Judge
We concur:
________________________ _______________________
JONATHAN D. ZISCHKAU MARIAN E. SULLIVAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: June 29, 2018
CBCA 5640 
BES DESIGN/BUILD, LLC, 
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Adam M. Milam of Milam & Milam, LLC, Daphne, AL, counsel for Appellant.
Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs,
Houston, TX, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
On June 27, 2018, the appellant notified the Board that the parties had reached
a mutual settlement agreement in the above-referenced matter and requested that the
Board dismiss the appeal.
In accordance with the request, this appeal is DISMISSED WITH
PREJUDICE.
    Jeri Kaylene Somers       
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: December 17, 2020
CBCA 6787
AROOSTOOK PROPERTY MANAGEMENT, LLC,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Benjamin L. Williams and Gunjan R. Talati of Kilpatrick Townsend & Stockton LLP,
Washington, DC, counsel for Appellant.
Jose Otero and Robert Proudfoot, Office of the Solicitor, Department of Labor,
Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On November 30, 2020, appellant moved to dismiss this appeal.  Respondent does
not object to the motion.  Accordingly, this matter is DISMISSED WITH PREJUDICE.
 
              
  Patricia J. Sheridan       
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: December 30, 2011
CBCA 2627
SWANK ENTERPRISES,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Shawn W. Baker, Project Manager of Swank Enterprises, Kalispell, MT, appearing
for Appellant.
Lisa A. Buechler, Office of the Solicitor, Department of the Interior, Lakewood, CO,
counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The Department of the Interior’s National Park Service contracted with Swank
Enterprises (Swank) for renovation of the heating, ventilating, and air conditioning system
at a building in Glacier National Park, Montana.  While the work was being performed, a
boiler froze and one of its heat exchangers cracked and required replacement.  Swank
maintained that errors by government personnel caused the problem, and it consequently
demanded that the agency reimburse it for the $2917 it incurred in replacing the unit.  The
contracting officer denied the claim, deciding that Swank was responsible for providing heat
in the building while construction was under way.  Swank appealed the decision to the Board.


CBCA 2627 2
The parties have now resolved their differences, with the Government agreeing to pay,
and Swank agreeing to accept, $1458.50 in settlement of the claim.  The settlement
agreement includes a request that the appeal be dismissed with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE: May 5, 2011 
CBCA 2031, 2050 
MYERS INVESTIGATIVE AND SECURITY SERVICES, INC., 
Appellant, 
v.
 
SOCIAL SECURITY ADMINISTRATION,
 
Respondent. 
Lawrence J. Sklute of Sklute & Associates, Potomac, MD, counsel for Appellant. 
Daniel Hutman and Ellen Rothschild, Office of the General Counsel, Social Security 
Administration, Baltimore, MD, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties previously had advised that the appeals had been settled and that they had 
executed a settlement agreement. On May 5, 2011, appellant withdrew the appeals and 
requested their dismissal. Accordingly, the appeals hereby are DISMISSED WITH 
PREJUDICE. 
RICHARD C. WALTERS 
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  February 3, 2009 
CBCA 1116 
WINBOURNE & COSTAS, INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
James P. Costas, Chief Executive Officer of Winbourne & Costas, Inc., Washington, 
DC, appearing for Appellant. 
James L. Weiner and Emily E. Parkhurst, Office of the Solicitor, Department of the 
Interior, Washington, DC, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
On March 14, 2008, Winbourne & Costas, Inc. filed a notice of appeal in connection 
with a termination for convenience settlement proposal.  The parties participated in 
alternative dispute resolution (ADR) with the panel chair presiding as the ADR neutral.  On 
February 2, 2009, the parties filed a joint request for dismissal with prejudice, stating they 
have settled the dispute. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
GRANTED IN PART:  June 3, 2016
CBCA 3704(1821)-REM
ROCKIES EXPRESS PIPELINE LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
L. Poe Leggette of Baker & Hostetler LLP, Denver, CO; and Osborne J. Dykes, III,
and Kristopher C. Kleiner of Norton Rose Fulbright US LLP, Denver, CO, counsel for
Appellant.
Colleen M. Burnidge, Matthew J. Wheeler, and Amy M. Siadak, Office of the
Regional Solicitor, Department of the Interior, Lakewood, CO, counsel for Respondent.
Before Board Judges SOMERS, GOODMAN, and WALTERS.
GOODMAN, Board Judge.
On June 29, 2009, appellant, Rockies Express Pipeline LLC, appealed a denial of its
certified claim by a contracting officer of respondent, the Department of the Interior.  This
case is presently before the Board on remand.  See Rockies Express Pipeline LLC v. Salazar,
730 F.3d 1330, 1342 (Fed. Cir. 2013).  
On May 24, 2016, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2015)), the
parties submitted a joint stipulation of settlement and motion for judgment in the amount of
sixty-five million dollars ($65,000,000) which states in relevant part:


CBCA 3704(1821)-REM 2
[T]he Parties request that the Board enter an unconditional judgment in
favor of Appellant awarding damages in the amount of $65,000,000.00
(Sixty-Five Million Dollars) to be paid within 60 days of the date of judgment
entered by the Board.  It is understood that payment of the judgment amount
will be made by the Treasury Department on behalf of respondent,
[Department of the Interior], from the permanent indefinite judgment fund.  If
payment is not received by [appellant] on or before 30 days after judgment is
entered by the Board, interest on the judgment amount will accrue thereafter
at the rate(s) prescribed by the Contract Disputes Act (CDA) and payment of
any such accrued CDA interest will be made together with the judgment
amount.  Each party will bear its own costs, attorneys’ fees, and expenses.  The
parties agree that neither party will seek reconsideration of, nor relief from the
Board’s decision, and neither party will appeal the decision.
Pursuant to Rule 25(b) of the Board’s Rules of Procedure, appellant and respondent
certify that they will not seek review or reconsideration of this judgment.  With respect to this
decision of the Board issued pursuant to the motion for stipulated award, appellant and
respondent have executed certificates of finality that waive their rights to reconsideration
under Rule 26, rights to relief from judgment under Rule 27, and rights to appeal the
decision.
Decision
Pursuant to the parties’ motion for stipulated award, the Board GRANTS the appeal
IN PART.  Appellant is awarded a total of $65,000,000.  Payment, with interest stated
above, may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012).
__________________________________
ALLAN H. GOODMAN
Board Judge
We concur:
________________________ ______________________________
JERI KAYLENE SOMERS RICHARD C. WALTERS
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  March 18, 2026
CBCA 8773
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: April 5, 2021
CBCA 7040
PROCESSMAP CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Gerard E. Wimberly, Jr., Angelina Christina, and Elizabeth S. Horn of Akerman LLP,
New Orleans, LA, counsel for Appellant.
Peter S. Kozlowski and Annemarie Drazenovich, Office of General Counsel,
Department of Veterans Affairs, Eatontown, NJ, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
The parties have jointly moved to dismiss this appeal with prejudice.  Pursuant to Rule
12(b)(2) (48 CFR 6101.12(b)(2) (2019)), the motion is granted.  This appeal is hereby
DISMISSED WITH PREJUDICE.
  Jerome M. Drummond    
JEROME M. DRUMMOND
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  April 17, 2009 
CBCA 1514 
SARAH CHANDLER, 
Appellant, 
v. 
DEPARTMENT OF STATE, 
Respondent. 
Sarah Chandler, pro se, FPO Area Pacific. 
Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions, 
Department of State, Rosslyn, VA, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
On February 24, 2009, appellant, Sarah Chandler, filed a notice of appeal in 
connection with a dispute under purchase order number SCH-500-08-M-3324, for the editing 
and production of the U.S. Beijing community newsletter.  Thereafter, respondent filed a 
motion to dismiss for lack of jurisdiction.  On April 14, 2009, appellant informed the Board 
she is withdrawing the appeal. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE: April 4, 2019
CBCA 6318
BVB CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Richard Shuben, Law Offices of Richard Shuben, West Hills, CA, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR; and Donald Mobly, Office of General Counsel, Department of Veterans
Affairs, Denver, CO, counsel for Department of Veterans Affairs.
VERGILIO, Board Judge.
ORDER
On November 29, 2019, the Board received from BVB Construction, Inc., an appeal
concerning its claim for extended overhead costs under contract VA262-12-D-0029 with the
Department of Veterans Affairs.  BVB seeks to withdraw its appeal.  In accordance with a
request of the parties, the Board DISMISSES WITH PREJUDICE this appeal.
     Joseph A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
DISMISSED: December 13, 2011 
CBCA 2613 
ICRC SOLUTIONS a subsidiary of VSE CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF TRANSPORTATION, 
Respondent. 
Crystal Williams, Vice President of Contracts of VSE Corporation, Alexandria, VA, 
appearing for Appellant. 
Ryan M. Kabacinski, Office of Chief Counsel, Maritime Administration, Department 
of Transportation, Washington, DC, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
Appellant, ICRC Solutions, filed a notice of appeal from an alleged failure of the 
contracting officer to issue a final decision on its uncertified claim in the amount of 
$2,237,366.89 . Appellant has asked that its notice of appeal be withdrawn. Respondent has 
no objection. 
Accordingly, the appeal is DISMISSED . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE:  July 14, 2023
CBCA 7648
320 MERRICK ROAD, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Frank S. Murray of Foley & Lardner LLP, Washington, DC, counsel for Appellant.
James R. Geronimo, Office of the General Counsel, Department of Agriculture,
Harrisburg, PA, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On July 13, 2023, appellant moved to dismiss the above-captioned appeal with
prejudice pursuant to Board Rule 12(b)(2).  Appellant stated that the parties engaged in
alternative dispute resolution to remedy the issues arising under the appeal and that a
resolution was achieved through that process.  The motion is granted.  The appeal is
DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: December 15, 2022
CBCA 7421
SEVENTH SENSE CONSULTING, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Devon E. Hewitt of Potomac Law Group, PLLC, Washington, DC, counsel for
Appellant.
Anastasia Hautanen and Tami Hagberg, Office of the General Counsel, Department
of Health and Human Services, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have advised that this appeal has been settled and have filed a motion to
dismiss the appeal.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITHOUT PREJUDICE: January 17, 2017
CBCA 5594
OLYMPUS AMERICA INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Rebecca J. Price of Norris, McLaughlin & Marcus, P.A., Allentown, PA, counsel for
Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
Olympus America Inc. submitted to the Department of Veterans Affairs contracting
officer a letter styled as a “certified claim.”  The letter sought an outstanding contract
balance of $125,075.37, but was not certified.  Olympus America later appealed from the
ostensible deemed denial of the claim.  However, an uncertified demand for more than
$100,000 “is not a claim.”  48 CFR 2.101 (2016).  Absent a decision on a claim, we lack
jurisdiction.  41 U.S.C. § 7104(a) (2012); Stobil Enterprise v. Department of Veterans
Affairs, CBCA 5246, 16-1 BCA ¶ 36,478, at 177,740, motion for reconsideration denied
(Nov. 10, 2016).  When ordered to show cause why this appeal should not be dismissed for
lack of jurisdiction, Olympus America moved to “withdraw” the appeal without prejudice. 

CBCA 5594 2
Accordingly, the appeal is DISMISSED WITHOUT PREJUDICE. 
___________________________
KYLE CHADWICK
Board Judge
DISMISSED FOR FAILURE TO PROSECUTE:  May 28, 2009 
CBCA 1446 
RIGOBERTO CHAVEZ, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Rigoberto Chavez, pro se, San Gabriel, CA. 
Melissa J. McWilliams and Jerry Ann Foster, Office of Regional Counsel, General 
Services Administration, Fort Worth, TX, counsel for Respondent. 
Before Board Judges BORWICK, GOODMAN , and McCANN . 
McCANN , Board Judge. 
Mr. Chavez was the successful bidder on a number of vehicles owned by the General 
Services Administration.  He submitted a claim to the contracting officer alleging that all the 
vehicles were misdescribed.  The contracting officer agreed, and refunded to Mr. Chavez 
the entire $6293 that he paid for the vehicles.  Mr. Chavez appealed the decision.  In his 
notice of appeal Mr. Chavez indicated, “What I merely want is that the GSA Greater 
Southwest Region respect the contracts and actually provide what is specified in them.” 
Mr. Chavez has not responded to the motion to dismiss filed by respondent on 
January 9, 2009.  The Board has been unable to reach Mr. Chavez by telephone.  The phone 
number that had been provided to the Board is no longer in service.  By order dated 

  
   
   
__________________________________ 
_________________________________ ___________________________________ 
2 CBCA 1446 
February 20, 2009, Mr. Chavez was directed to show cause by March 13, 2009, why this 
case should not be dismissed for failure to prosecute.  He failed to do so and has not 
contacted the Board since that date.  
Since the Board is unable to contact Mr. Chavez, and since Mr. Chavez has failed to 
respond to the Board’s order to show cause why this case should not be dismissed, this case 
is hereby DISMISSED FOR FAILURE TO PROSECUTE . 
R. ANTHONY McCANN 
Board Judge 
We concur: 
ANTHONY S. BORWICK ALLAN H. GOODMAN 
Board Judge Board Judge
__________________________ 
DISMISSED WITH PREJUDICE:  November 6, 2012 
CBCA 2922 
FUTRON, INCORPORATED, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
E. Sanderson Hoe, Stephen M. Sorett, and Erin B. Sheppard of McKenna Long & 
Aldridge LLP, Washington, DC, counsel for Appellant. 
Carrie Parish and Dennis Foley, Office of the General Counsel, Department of 
Veterans Affairs, Washington, DC, counsel for Respondent. 
GOODMAN, Board Judge. 
ORDER 
The parties previously advised that the appeal had been settled. Appellant has filed 
a motion to dismiss the appeal with prejudice as it has received payment of the settlement 
amount.  Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE: May 20, 2013
CBCA 2679, 2894
HOMELAND SECURITY CONSTRUCTION CORP.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Victor G. Klingelhofer and Andrew K. Wible of Cohen Mohr LLP, Washington, DC,
counsel for Appellant.
Jennifer Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
On May 17, 2013, appellant, Homeland Security Construction Corp., filed an
unopposed motion to dismiss these appeals with prejudice, stating that the parties have
settled all disputes.  
Accordingly, these appeals are DISMISSED WITH PREJUDICE.
______________________
JEROME M. DRUMMOND
Board Judge
DISMISSED WITH PREJUDICE: March 12, 2015
CBCA 3917
PACIFIC DISABILITY MANAGEMENT LLC,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Joseph A. Yazbeck, Jr., of Yazbeck, Cloran & Bowser, PC, Portland, OR, counsel for
Appellant.
Jon D. Wright, Office of the General Counsel, Bonneville Power Administration,
Department of Energy, Portland, OR, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The parties have settled this case and have filed a stipulated motion to dismiss it with
prejudice.  The motion is granted.  The case is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
___________________________ 
DISMISSED:  May 20, 2008
 
CBCA 1161
 
PLOTT BAKERIES,
 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
Evelyn Burney, President of Plott Bakeries, Winston-Salem, NC, appearing for 
Appellant. 
Alan Rotach, Office of General Counsel, Federal Bureau of Prisons, Department of 
Justice, Washington, DC, counsel for Respondent. 
FENNESSY, Board Judge. 
ORDER 
Appellant, Plott Bakeries, has moved to withdraw this appeal upon the grounds that 
it has resolved its dispute with the Department of Justice. 
Therefore, this appeal is DISMISSED . 
EILEEN P. FENNESSY 
Board Judge
______________________ 
DISMISSED WITH PREJUDICE: September 8, 2011 
CBCA 2266, 2267, 2268, 2394 
ABIDE INTERNATIONAL, INC., 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
William H. McInerney, Jr., of McInerney & Dillon, P.C., Oakland, CA, counsel for 
Appellant. 
Daniel L. Winand and Julia A. LoBosco, Office of Procurement Law, United States 
Coast Guard, Department of Homeland Security, Washington, DC, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The appeals have been settled through alternative dispute resolution proceedings, and 
the parties’ settlement agreement has been fully implemented. The parties have submitted 
a stipulation for dismissal with prejudice. Accordingly, the appeals hereby are DISMISSED 
WITH PREJUDICE. 
RICHARD C. WALTERS 
Board Judge
DISMISSED: September 30, 2010 
CBCA 1852 
GEO-IMAGING CONSULTING, INC., 
Appellant, 
v. 
ENVIRONMENTAL PROTECTION AGENCY, 
Respondent. 
Rosemarie Onwukwe, President of Geo-Imaging Consulting, Inc., Washington, DC, 
appearing for Appellant. 
Sara E. McGraw, Office of General Counsel, Environmental Protection Agency, 
Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On September 29, 2010, appellant notified the Board that it wished to withdraw its 
appeal. Respondent has no objection. 
Accordingly, the appeal is DISMISSED . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE: June 26, 2015
CBCA 3727
RES-CARE, INC. d/b/a GUTHRIE JOB CORPS CENTER,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Deena G. Ombres and Steven S. Reed of Res-Care, Inc. d/b/a Guthrie Job Corps
Center, Louisville, KY, counsel for Appellant.
Peter J. Dickson, Savannah L. Wilson, and David R. Koeppel, Office of the Solicitor,
Department of Labor, Washington, DC, counsel for Respondent.
SOMERS, Board Judge.
ORDER
Appellant has notified the Board that this matter has been settled and requests its
dismissal with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
__________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: March 9, 2017
CBCA 5380
MASON HARRIMAN GROUP, LLC,
Appellant,
v.
PENSION BENEFIT GUARANTY CORPORATION,
Respondent.
Anthony L. Washington of Law Office of Anthony L. Washington, Washington, DC,
counsel for Appellant.
Grant L. Arnold and Kimberly A. Manganello, Office of General Counsel, Pension
Benefit Guaranty Corporation, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On March 6, 2017, the parties advised the Board that they had reached a settlement
and requested that this appeal be dismissed.  Accordingly, this appeal is DISMISSED WITH
PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
D
ISMISSED WITH PREJUDICE: April 13, 2007 
CBCA 364 
INNOVATIVE (PBX) TELEPHONE SERVICE, 
                           Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
                          Respondent. 
David W. Young, Vice President of Innovative (PBX) Telephone Service, El Paso, 
TX, appearing for Appellant. 
Brian Reed and Dennis Foley, Office of the General Counsel, Department of Veterans 
Affairs, Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
 ORDER 
On April 6, 2007, appellant, Innovative (PBX) Telephone Service, moved this Board 
to dismiss with prejudice its breach of contract appeal, CBCA 364.  In an earlier telephone 
conference conducted on April 5, 2007, respondent’s counsel indicated he would not object 
to this motion. 
Accordingly, the appeal of Innovative (PBX) Telephone Service, CBCA 364, is hereby 
DISMISSED WITH PREJUDICE . 
______________________________ 
PATRICIA J. SHERIDAN 
Board Judge 

2 CBCA 11, 31, 32, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364 
#19099 CBCA 364  INNOVATIVETELEPHONESERIVCE.wpd  4/13/07 Reviewed by: 
PJS/CLH
DISMISSED WITH PREJUDICE:  August 21, 2018
CBCA 6080
McCONNELL JONES LANIER & MURPHY LLP,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Sharon E. Murphy of McConnell, Jones, Lanier & Murphy LLP, Houston, TX,
appearing for Appellant.
Dennis A. Adelson and Alison E. Spurlock, Office of the Solicitor, Department of
Labor, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On August 15, 2018, the parties filed a joint request to dismiss the captioned appeal
based on a settlement agreement.  The Board commends the parties on reaching a settlement
of their dispute.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: January 11, 2017
CBCA 5485
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Baltimore, MD, counsel for Appellant.
Tami S. Hagberg and Richard G. Bergeron, Office of the General Counsel,
Department of Health and Human Services, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties filed a joint request to dismiss the appeal because the claim has “been
settled, resolved and paid.”  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
__________________________________
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: August 11, 2016
CBCA 4793, 5086
MACNAK CONSTRUCTION, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Diane C. Utz of Watt, Tieder, Hoffar & Fitzgerald, LLP, Seattle, WA, counsel for
Appellant.
Daniel B. Rosenbluth, Office of the General Counsel, Department of Agriculture,
Golden, CO, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board has received the parties’ joint motion to dismiss, filed on August 11, 2016. 
The parties indicate that they have settled the issues in the above-referenced appeals and
request that the Board dismiss the appeals with prejudice.      
Accordingly, these appeals are DISMISSED WITH PREJUDICE.
___________________________
MARIAN E. SULLIVAN
Board Judge
____________________________________ 
   
 
DISMISSED WITHOUT PREJUDICE: August 4, 2011
 
CBCA 1380, 1412, 1419, 1420, 1421, 1422, 1423,
 
1663, 1669, 1670, 1671, 1997, 1998,
 
1999, 2000
 
LEE STREET PROPERTIES, LLP, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Anthony O. L. Powell of Webb, Tanner, Powell, Mertz & Wilson, LLP, 
Lawrenceville, GA, counsel for Appellant. 
Lesley M. Busch, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
STERN , Board Judge. 
ORDER 
Subsequent to the filing of these appeals, appellant has informed the Board that it 
wishes to have the appeals dismissed without prejudice. 
Accordingly, the appeals are hereby DISMISSED WITHOUT PREJUDICE . 
JAMES L. STERN 
Board Judge
DISMISSED WITH PREJUDICE:  August 19, 2025
CBCA 6198
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
DENIED:  April 27, 2021
CBCA 6174
ALPINE COMPANIES, INC.,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
Doug P. Hibshman and Nicholas T. Solosky of Fox Rothschild LLP, Washington, DC,
counsel for Appellant.
Jonathan English and Julie Cannatti, Office of General Counsel, Department of
Housing and Urban Development, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS (Chair), SHERIDAN, and RUSSELL. 
RUSSELL, Board Judge.
In this appeal, Alpine Companies, Inc. (Alpine) seeks damages arising out of the
Department of Housing and Urban Development’s (HUD) decision denying Alpine’s claim
for payment for certain property inspections performed by Alpine under a HUD Field
Services Management 3.10 contract.  This appeal was stayed while similar cases were being
resolved at this Board, and on appeal at the United States Court of Appeals for the Federal
Circuit.  In P.K. Management Group, Inc. v. Secretary of Housing & Urban Development,
987 F.3d 1030 (Fed. Cir. 2021), the Circuit affirmed “the Board’s determination that the
contract terms unambiguously cover routine inspections through a monthly fee rather than
individual payments,” which resulted in the denial of the appeal.  Id. at 1031; see also Purdy
Enterprise, LLC v. Department of Housing & Urban Development, CBCA 6128, et al.
(Mar. 15, 2021).  Appellant offered no basis to distinguish this case, in which it makes
similar contract interpretation allegations regarding payments due.  Appellant has declined


CBCA 6174 2
the opportunity to suggest a reason why this appeal should not be denied, given the similarity
of issues and the staying of this case while the common issues were resolved.
Decision
We DENY the appeal.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
We concur:
   Jeri Kaylene Somers            Patricia J. Sheridan      
JERI KAYLENE SOMERS PATRICIA J. SHERIDAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: January 28, 2016
CBCA 4704
PREFERRED BUILDERS GROUP, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Victor G. Klingelhofer and Daniel J. Strouse of Cohen Mohr, LLP, Washington, DC,
counsel for Appellant.
Lindsay C. Roop, Office of Regional Counsel, Department of Veterans Affairs,
Columbus, OH, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On April 16, 2015, the Board received from Preferred Builders Group, LLC
(contractor) a notice of appeal concerning the termination for default of its contract, VA246-
13-C-0071, with the Department of Veterans Affairs (agency).  Without admitting
responsibility or liability the contractor seeks to withdraw its appeal.  In accordance with a
motion of the parties, the Board DISMISSES WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: April 3, 2019
CBCA 5846
UNITED LIQUID GAS COMPANY d/b/a
UNITED PACIFIC ENERGY,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Matthew C. Addison, Sarah A. Ferguson, and Philip Mannelly of McDonald Carano
LLP, Reno, NV, counsel for Appellant.
Tyler J. Mullen and Stephen T. O’Neal, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On April 2, 2019, representing that this matter was resolved by settlement, the parties
submitted a joint motion asking the Board to dismiss this appeal with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Patricia J. Sheridan       
PATRICIA J. SHERIDAN
Board Judge

CBCA 5846    2
DISMISSED WITH PREJUDICE: April 9, 2014
CBCA 3680
TIDEWATER CONTRACTORS, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Jess Fitzhugh, President of Tidewater Contractors, Inc., Brookings, OR, appearing for
Appellant.
Stephanie L. Lynch, Office of the Regional Solicitor, Department of the Interior,
Portland, OR, counsel for Respondent.
STERN, Board Judge.
ORDER
Tidewater Contractors, Inc. has advised the Board that the parties have resolved all
issues relating to this appeal.  Accordingly, this appeal is DISMISSED WITH
PREJUDICE.
_________________________________
 JAMES L. STERN
Board Judge
DISMISSED WITH PREJUDICE: August 25, 2009 
CBCA 1540 
XEROX CAPITAL SERVICES, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Richard D. Lieberman and Gabriel D. Soll of McCarthy, Sweeney & Harkaway, PC, 
Washington, DC, counsel for Appellant. 
Ronald D. Sullivan, Office of the General Counsel, Department of Veterans Affairs, 
Austin, TX, counsel for Respondent. 
VERGILIO , Board Judge. 
ORDER 
On March 24, 2009, the Board received from Xerox Capital Services, LLC 
(contractor) a notice of appeal, docketed as CBCA 1540, alleging a deemed denial of its 
claim relating to an unpaid invoice arising under purchase order/delivery order 642-C60059 
issued by the respondent, the Department of Veterans Affairs, pursuant to the contractor’s 
contract, GS-25F-0062L, with the General Services Administration.  Having received neither 
payment nor a decision by the contracting officer on its claim, the contractor pursues relief 
at this Board under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, as amended. 
To assist in determining if there existed a dispute, the presiding judge directed that the 
appropriate contracting officer issue a decision on the underlying claim. By decision dated 
April 30, 2009, the contracting officer determined that the contractor is entitled to the unpaid 
amount of its invoice, and noted that the matter has been forwarded to the appropriate fiscal 

  
______________________________ 
2 CBCA 1540 
officer for immediate payment.  On August 20, 2009, the Board received a request for a 
dismissal with prejudice; the contractor has received payment. 
The Board DISMISSES WITH PREJUDICE  this appeal. 
JOSEPH A. VERGILIO 
Board Judge