APPEAL REINSTATED;
 
GRANTED IN PART:  October 21, 2008
 
CBCA 1381-REIN(1157)
 
BOISE BUILDING SOLUTIONS & MANUFACTURING, LLC, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Scott W. Horngren of Haglund, Kelley, Horngren, Jones & Wilder, LLP, Portland, 
OR, counsel for Appellant. 
Benjamin R. Hartman, Office of the General Counsel, Department of Agriculture, 
Portland, OR, counsel for Respondent. 
Before Judges DANIELS  (Chairman), GILMORE , and DRUMMOND . 
DRUMMOND . Board Judge. 
On September 29, 2008, the Board issued an order dismissing with prejudice an 
appeal by Boise Building Solutions & Manufacturing, LLC, of a decision by a Department 
of Agriculture contracting officer.  The appeal had been docketed as CBCA 1157.  The order 
of dismissal was based upon the Board’s understanding of the parties’ joint submission dated 
September 26, 2008, stating that the appeal had been settled.  
By letter dated September 30, 2008, the parties apologized to the Board for not 
making clear that they intended the settlement to be paid from the permanent indefinite 
judgment fund, 31 U.S.C. §1304 (2000), with interest from June 27, 2008, until paid.  The 

  
 
    
 
 
 
  
  
  
       
      
2 CBCA 1381-REIN(1157) 
parties have requested that the Board replace the September 29, 2008, order of dismissal with 
a decision granting the appeal in part so that the settlement can be paid from the judgment 
fund.  We treat this request as a motion to reinstate the appeal and grant it in part.  We grant 
this motion.  
Background 
1. On June 8, 2005, the Department of Agriculture, Forest Service, (Forest 
Service) awarded the Paige Ridge Timber Sale Contract, number 070209, to Boise Building 
Solutions & Manufacturing, LLC (Boise). 
2. On October 3, 2007, Boise submitted to the contracting officer a claim under 
this contract in the amount of $177,684. 
3. The contracting officer denied the claim.  On April 24, 2008, Boise filed its 
appeal of this decision.  The Board docketed the appeal as CBCA 1157. 
4. On September 26, 2008, the parties informed the Board that they had entered 
into a settlement agreement, which they had signed on September 23, 2008. 
5. On September 29, 2008, we issued an order dismissing CBCA 1157 with 
prejudice. 
6. On September 30, 2008, the parties moved to replace the dismissal with a 
decision awarding Boise a stipulated amount, in order that Boise may obtain payment of the 
agreed sum from the permanent indefinite judgment fund. The parties stated that, in 
accordance with the terms of the settlement agreement, the Forest Service agreed to pay 
Boise $75,000, plus simple interest calculated from June 27, 2008. They stated further that 
each party agreed to bear its own costs and attorney fees. Finally, the parties stated that the 
decision of the Board would be final and binding upon the parties, and not subject to further 
appeal. 
Decision 
CBCA 1157 is reinstated as CBCA 1381-REIN(1157). 

    
          
 
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3 CBCA 1381-REIN(1157) 
This appeal is GRANTED IN PART . The Board awards the sum of $75,000, plus 
simple interest at the Contract Disputes Act rate calculated from June 27, 2008.  41 U.S.C. 
§611.  Payment shall be made from the permanent indefinite judgment fund.  31 U.S.C. 
§1304. 
JEROME M. DRUMMOND 
Board Judge 
We concur: 
STEPHEN M. DANIELS BERYL S. GILMORE  
Board Judge Board Judge