Kmisener/CBCA_Full huggingface dataset:
GRANTED IN PART:  October 23, 2012
CBCA 2263, 2387, 2428, 2507
GEMSTONE PROPERTIES, LP,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent.
Patric E. Durazzo of Durazzo & Eckel, P.C., Tucson, AZ, counsel for Appellant.
 Thomas J. Mitchell, Office of the General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
Before Board Judges STERN, BORWICK, and POLLACK.
STERN, Board Judge.
These appeals involved claims arising out of a contract for the construction and long-
term lease of a facility in Tucson, Arizona, for use by the Department of Veterans Affairs
as a consolidated mail outpatient pharmacy.
Pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2011)), the parties have submitted
a joint settlement stipulation, stipulating to the award of $190,000 to Gemstone Properties,
LP (Gemstone).  In addition, the parties stipulate that in the event that payment is not made
by November 6, 2012, additional interest in accordance with the Contract Disputes Act, 41
U.S.C. § 7109 (Supp. IV 2011), will begin to accrue on that date and will continue to accrue
until payment is made to Gemstone.  In accordance with Board Rule 31, the parties state that


CBCA 2263, 2387, 2428, 2507                                                                                             2
they will not seek reconsideration of, or relief from the Board’s decision, and they will not
appeal the decision.
The Board adopts the parties’ stipulation by decision.  Pursuant to Board Rule 25(b),
the Board’s decision is an adjudication on the merits.
Decision
These appeals are GRANTED IN PART in the amount of $190,000.  Payment is to
be made from the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304
(2006).  In the event that payment is not made by November 6, 2012, additional interest in
accordance with the Contract Disputes Act, 41 U.S.C. § 7109 (Supp. IV 2011), will begin
to accrue on that date and will continue to accrue until payment is made to Gemstone.   
_________________________________
 JAMES L. STERN
Board Judge
We concur:
_______________________________ _________________________________
HOWARD A. POLLACK ANTHONY S. BORWICK
Board Judge Board Judge
_________________________________ 
DISMISSED WITH PREJUDICE:  December 20, 2007 
CBCA 454 
USPROTECT CORP., 
Appellant, 
v. 
SOCIAL SECURITY ADMINISTRATION, 
Respondent. 
Daniel B. Abrahams and Shlomo D. Katz of Epstein Becker & Green, P.C., 
Washington, DC, counsel for Appellant. 
Clary Hanmer and Kia Finney, Office of General Counsel, Social Security 
Administration, Baltimore, MD, counsel for Respondent. 
PARKER , Board Judge. 
ORDER 
On May 12, 2006, USProtect Corp. appealed the final decision of a Social Security 
Administration (SSA) contracting officer denying appellant’s claim under contract 
number 0600-02-60000 for the provision of armed and unarmed guard services at the SSA 
Main Complex in Woodlawn, Maryland.  On December 19, 2007, the parties filed a joint 
stipulation of dismissal, stating that the appeal has been settled. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
ROBERT W. PARKER 
Board Judge
DISMISSED WITH PREJUDICE: April 25, 2012 
CBCA 2691 
GIOVANNI FOOD CO., INC.,
                                                         Appellant, 
v.
 
DEPARTMENT OF AGRICULTURE,
                                                             Respondent. 
Lawrence J. Sklute of Sklute & Associates, Potomac, MD, counsel for Appellant. 
Michael Gurwitz, Office of the General Counsel, Department of Agriculture, 
Washington, DC, counsel for Respondent. 
SHERIDAN, Board Judge. 
ORDER 
On April 19, 2012, the parties jointly moved that the above-captioned appeal be 
dismissed with prejudice, noting they had settled the dispute leading to the appeal. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
___________________________ 
  
 
DISMISSED WITHOUT PREJUDICE: July 10, 2012 
CBCA 2849 
MONTAGE, INC., 
Appellant, 
v. 
DEPARTMENT OF STATE, 
Respondent. 
Herman M. Braude of Braude & Margulies, P.C., Washington, DC, counsel for 
Appellant. 
Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions, 
Department of State, Rosslyn, VA, counsel for Respondent. 
BORWICK , Board Judge. 
ORDER 
On July 6, 2012, the appellant requested that this deemed-denied appeal be 
dismissed without prejudice, the contracting officer having rendered a decision 
subsequent to the filing of the appeal. For good cause shown, and pursuant to Rule 12(d), 
this appeal is DISMISSED WITHOUT PREJUDICE . 
ANTHONY S. BORWICK 
Board Judge
______________________ 
 DISMISSED WITH PREJUDICE: March 8, 2012 
CBCA 2662 
LANIER CONTRACTING SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Dawn L. Serafine, Troutman Sanders, LLP, Norfolk, VA, counsel for Appellant. 
Kevin L. Pearson, Office of Regional Counsel, Department of Veterans Affairs, 
Roanoke, VA, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have submitted a joint motion to dismiss in which they advise the Board 
that the matter has been settled, that they have executed a settlement agreement, and that 
payment under their settlement agreement has been made and received. Pursuant to their 
request, the appeal is DISMISSED WITH PREJUDICE. 
RICHARD C. WALTERS 
Board Judge
DISMISSED WITH PREJUDICE: May 6, 2019
CBCA 6294
R.A. GLANCY & SONS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Joseph A. Camardo, Jr. of Camardo Law Firm, P.C., Auburn, NY, counsel for
Appellant.
Jennifer Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA; and Donald Mobly, Office of General Counsel, Department of Veterans
Affairs, Denver, CO, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
The parties have advised the Board that the above-captioned appeal has been settled,
and the parties have requested that this appeal be dismissed with prejudice.  Accordingly, this
appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke     
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE:  August 2, 2007 
CBCA 418 
STEELE & ASSOCIATES, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Wayne Singleton, Vice President of Steele & Associates, Inc., Alpharetta, GA, 
appearing for Appellant. 
Mark R. Warnick, Office of Regional Counsel, General Services Administration, 
Kansas City, MO, counsel for Respondent. 
GOODMAN,  Board Judge. 
ORDER 
This appeal arose out of a contract between the respondent, General Services 
Administration, and appellant, Steele and Associates, Inc., for certain modifications to the 
library and courtroom in the United States Courthouse in Des Moines, Iowa.  The Board has 
been advised by the parties that they have settled the disputes in this appeal by appellant 
supplying to the respondent contractually  required documentation and respondent thereafter 
making final payment under the contract to appellant.  The parties have requested that the 
Board dismiss this appeal with prejudice.  

__________________________________ 
2 CBCA 418 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITHOUT PREJUDICE:  July 2, 2009 
CBCA 1424, 1425, 1426 
SOUTHERN SCRAP MATERIAL CO., L.L.C., 
Appellant, 
v. 
DEPARTMENT OF TRANSPORTATION, 
Respondent. 
Marc C. Hebert and Stanley A. Millan of Jones, Walker, Waechter, Poitevent, Carrere 
& Denegre, L.L.P., New Orleans, LA, counsel for Appellant. 
Janis P. Rodriguez and Ryan M. Kabacinski, Office of Chief Counsel, Department 
of Transportation, Washington, DC, counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
The parties filed a joint motion to dismiss without prejudice CBCA 1424, 1425, and 
1426, based upon a joint stipulation that appellant will withdraw the September 13, 2008, 
claims to the contracting officer and respondent will rescind the April 6, 2009, final 
decisions, as amended.  

_______________________________ 
2 CBCA 1424, 1425, 1426 
Accordingly, these appeals are DISMISSED WITHOUT PREJUDICE . 
BERYL S. GILMORE 
Board Judge
DISMISSED WITH PREJUDICE:  October 12, 2023
CBCA 7485
IMMEDIATE CREDIT RECOVERY, INC.,
Appellant,
v.
DEPARTMENT OF EDUCATION,
Respondent.
Brian Walsh, J. Ryan Frazee, Jennifer E. Retener, and Morgan W. Huston of Wiley
Rein LLP, Washington, DC, counsel for Appellant.
Paula S. Hughes and Marta Rajchel, Office of the General Counsel, Department of
Education, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have advised that this appeal has been settled and have requested dismissal
with prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED: August 11, 2017
CBCA 5607
XCELERATED SUBSISTENCE SOLUTIONS,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
A. Alan Weis, Managing Partner of Xcerlerated Subsistence Solutions, Hollywood,
FL, appearing for Appellant.
William D. Robinson, Hayley R. Hoffman, and Pawandeep K. Bhandari, Office of
General Counsel, Federal Bureau of Prisons, Department of Justice, Washington, DC,
counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
The parties have settled this appeal and request that it be dismissed with prejudice. 
Accordingly, this appeal is hereby DISMISSED.
_______________________
JEROME M. DRUMMOND
Board Judge
DISMISSED WITH PREJUDICE:  September 4, 2024
CBCA 8109
HAGER SHARP, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Dismas N. Locaria and Lindsay M. Reed of Venable LLP, Washington, DC, counsel
for Appellant.
Jon J. Gottschalk, Karyne Constance Akhtar, and Krystal A. Jordan, Office of the
General Counsel, Department of Health and Human Services, Rockville, MD, counsel for
Respondent.
KANG, Board Judge.
ORDER
By motion filed August 27, 2024, in accordance with their settlement agreement, the
parties sought dismissal of this appeal with prejudice.  Pursuant to Board Rule 12(b)(2) (48
CFR 6101.12(b)(2) (2023)), the appeal is DISMISSED WITH PREJUDICE.
    Jonathan L.  Kang       
JONATHAN L.  KANG
Board Judge
GRANTED:  July 7, 2025
CBCA 8314
CADDELL CONSTRUCTION (DE), LLC,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Jonathan R. Mayo and Randi N. Thompson of Smith Currie Oles LLP, Atlanta, GA,
counsel for Appellant.
Raul Chiriboga, Office of Chief Counsel, Customs and Border Protection, Department
of Homeland Security, Washington, DC; and Kimberly L. Cohen, Office of Chief Counsel,
Customs and Border Protection, Department of Homeland Security, Indianapolis, IN, counsel
for Respondent.
Before Board Judges LESTER, SHERIDAN, and NEWSOM. 
SHERIDAN, Board Judge.
On June 18, 2025, appellant, Caddell Construction (DE), LLC, and respondent, the
Department of Homeland Security, filed a joint motion requesting the entry of a stipulated
judgment in favor of appellant in the amount of $6,324,496.25, plus interest, as authorized
by the Contract Disputes Act (CDA), 41 U.S.C. § 7109 (2018), accruing from August 28,
2024.  The settlement amount includes all costs, fees, and interest set forth in the settlement
agreement between the parties and fully resolves the dispute underlying this appeal.  The
parties have stipulated that they will not seek reconsideration of, seek relief from, or appeal


CBCA 8314 2
the Board’s entry of judgment awarding the stipulated amount to appellant.  See Rule 25(b)
(48 CFR 6101.25(b) (2024)).
Decision
The appeal is GRANTED.  Respondent shall pay $6,324,496.25 to appellant in full
settlement of this appeal with CDA interest accruing from August 28, 2024, until the date of
payment.  Caddell waives any further right it may have to claim for recovery of attorney fees,
costs, and expenses it may have incurred in conjunction with this appeal.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
We concur:
    Harold D. Lester, Jr.           Elizabeth W. Newsom      
HAROLD D. LESTER. Jr.  ELIZABETH W. NEWSOM
Board Judge Board Judge
.
DISMISSED WITH PREJUDICE:  September 29, 2022
CBCA 7464
WASHINGTON RIVER PROTECTION SOLUTIONS LLC,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Scott Arnold and Luke W. Meier of Blank Rome LLP, Washington, DC, counsel for
Appellant.
Andrew J. Unsicker, Office of the General Counsel, Department of Energy, Richland,
WA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motions filed September 27 and 28, 2022, the parties seek dismissal with
prejudice.  The motions are granted, and the appeal is DISMISSED WITH PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITHOUT PREJUDICE:  November 14, 2023
CBCA 7908
FRONTLINE ENTERPRISES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Roger V. Abbott and Stephen P. Ramaley of Miles & Stockbridge P.C., Washington,
DC, counsel for Appellant.
Jay Bernstein and David C. Charin, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On November 14, 2023, the parties filed a joint motion to dismiss this appeal without
prejudice.  In accordance with Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2022)), the
appeal is DISMISSED WITHOUT PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
UNITED STATES
CIVILIAN BOARD OF CONTRACT APPEALS
DISMISSED WITH PREJUDICE: June 14, 2016
CBCA 4867
JOSÉ GUSTAVO ZENO,
Appellant.
V.
DEPARTMENT OF STATE,
Respondent.
José Gustavo Zeno, pro se, Manassas, VA.
John W. Cox, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
HYATT, Board Judge.
ORDER
On June 10, 2016, the parties, advising that they have executed a settlement
agreement resolving this matter, filed a motion to dismiss this appeal. Accordingly, the
appeal is
DISMISSED WITH PREJUDICE.

/CATHERINE B. HYAJT
Board Judge
DISMISSED WITH PREJUDICE:  September 30, 2025
CBCA 8280
SHOWA BEST GLOVE, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
D. Michael Hurst, Jr. of Phelps Dunbar LLP, Flowood, MS; Michael E. Turner of
Phelps Dunbar LLP, Birmingham, AL; and Skye Mathieson, John Nakoneczny, and Taylor
McDaniels of Crowell & Moring LLP, Washington, DC, counsel for Appellant.
Terrius D. Greene and Tami S. Hagberg, Office of the General Counsel, Department
of Health and Human Services, Washington, DC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On September 29, 2025, the parties filed a joint request for dismissal of this appeal
with prejudice.  In their request, the parties represent that they executed a settlement
agreement fully resolving the underlying dispute.  Pursuant to that agreement and the Board’s
rules, the motion is granted.  The appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: September 25, 2019
CBCA 5954
SOC LLC,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Paul F. Khoury, Tracye Winfrey Howard, and Kendra P. Norwood of Wiley Rein
LLP, Washington, DC; and Hal J. Perloff of Husch Blackwell LLP, Washington, DC,
counsel for Appellant.
Randal Wax, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Rosslyn, VA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On September 20, 2019, appellant advised the Board that the parties had reached a
settlement and requested that this appeal be dismissed.  Accordingly, this appeal is
DISMISSED WITH PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE: November 25, 2015
CBCA 4661
RESEARCH SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Anthony D. Edwards of San Juan Law Office, LLC, Silverton CO, counsel for
Appellant.
Patricia Leigh Disert, Office of the General Counsel, Department of Agriculture,
Albuquerque, NM, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The parties have resolved this matter through settlement.  Appellant requests that
the Board dismiss this appeal with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
__________________________
MARIAN E. SULLIVAN
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE:  November 18, 2008 
CBCA 941, 1092 
RORY GONDEIRO d/b/a/ R & R POST & LUMBER, 
A p p e l l a n t , 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Lisa L. Lynn of Lynn Law Office, Great Falls, MT, counsel for Appellant. 
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, 
Missoula, MT, counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
The parties, on November 14, 2008, advised the Board that all issues were settled in 
the above-styled appeals as a result of Alternative Dispute Resolution conducted by 
Judge Candida Steel on September 12, 2008, and stipulated that the appeals be dismissed 
with prejudice, with each party bearing its own costs and attorney fees.    
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
BERYL S. GILMORE 
Board Judge
DISMISSED WITH PREJUDICE: August 2, 2019
CBCA 6482
FAIRFIELD TECHNOLOGIES, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Isaias Alba, IV, Michelle E. Litteken, and Timothy F. Valley of PilieroMazza PLLC,
Washington, DC, counsel for Appellant.
Nicole Hutchinson and Michael Noyes, Office of the Chief Counsel, United States
Secret Service, Department of Homeland Security, Springfield, VA, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
The parties have advised the Board that the above-captioned appeal has been settled
and have requested that this appeal be dismissed.  Accordingly, this appeal is DISMISSED
WITH PREJUDICE.
   Kathleen J. O’Rourke     
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED: November 10, 2015
CBCA 3890, 4743
DOUGLAS P. FLEMING, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Fred A. Mendicino and Daniel Mitkus of Faughman Mendicino PLLC, Dulles, VA,
counsel for Appellant.
Tyler W. Brown, Department of Veterans Affairs, Hampton, VA, counsel for
Respondent.
SHERIDAN, Board Judge.
Appellant, Douglas P. Fleming, LLC (DPF) filed these appeals pursuant to the
Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012).  The appeals arise out of
contract VA 246-13-C-0059 with the Department of Veterans Affairs (VA) to install storm
water overflow at the VA Medical Center in Salem, Virginia.
On November 5, 2015, the parties submitted a joint motion to dismiss, representing
that on September 2, 2015, DPF formally withdrew its claims via notice to the contracting
officer (CO), and attaching the CO’s letter of October 7, 2015, stating that the CO rescinded
his February 6, 2015, final decision.  


CBCA 3890, 4743 22
Decision
Accordingly, these appeals are DISMISSED.
_________________________________
 PATRICIA J. SHERIDAN
Board Judge
DISMISSED FOR LACK OF JURISDICTION:  December 20, 2017
CBCA 5927, 5928, 5929
 
VETERANS CONTRACTING GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Paul G. Ryan of Welby, Brady & Greenblatt, LLP, White Plains, NY, counsel for
Appellant.  
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA; and Donald C. Mobly, Office of General Counsel, Department of Veterans
Affairs, Denver, CO, counsel for Respondent.
Before Board Judges SHERIDAN, ZISCHKAU, and SULLIVAN.
SULLIVAN, Board Judge. 
On November 16, 2017, the Board docketed three appeals from a single contracting
officer’s decision on a single claim submitted by appellant, Veterans Contracting Group, Inc.
(VCG).  These appeals were consolidated for the purposes of submission of the initial
pleadings and the appeal file.  
In its claim to the contracting officer, VCG sought a final decision on three change
proposals, which sought payments of $59,251 (change proposal (CP)-1), $89,179 (CP-2), and

CBCA 5927, 5928, 5929 2 
$113,483 (CP-3), respectively.  Although the sum of the three change proposals was greater
than $100,000, VCG’s claim did not appear to be certified.  On November 20, 2017, the
Board ordered VCG to show cause why its appeals should not be dismissed for lack of
jurisdiction.  On December 7, 2017, the parties filed a joint stipulation of withdrawal of the
appeals to allow VCG to resubmit the claims with appropriate certification.  
The Board’s jurisdiction to entertain contract disputes derives from the Contract
Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012), which requires as a prerequisite to
review by the Board that the contractor, if it is seeking the payment of money from the
Government, have submitted a claim to the Government.  Id. § 7103.  If the amount claimed
is greater than $100,000, the CDA further requires that the claim be certified.  41 U.S.C.
§ 7103(b).  “Certification of a claim of more than $100,000 is not only a statutory
requirement, but also a jurisdictional prerequisite for review of a contracting officer’s
decision before this Board.”  B&M Cillessen Construction Co. v. Department of Health &
Human Services, CBCA 931, 08-1 BCA ¶ 33,753, at 167,084 (2007).  “The submission of
an uncertified claim, for purposes of the CDA, is, in effect, a legal nullity . . . .”  Fidelity
Construction Co. v. United States, 700 F.2d 1379, 1384 (Fed. Cir. 1983).  “Although a
defective certification may be corrected, a failure to certify may not.”  B&M Cillessen, 08-1
BCA at 167,084 (quoting K Satellite v. Department of Agriculture, CBCA 14, 07-1 BCA
¶ 33,547, at 166,154).
Decision
The appeals are DISMISSED FOR LACK OF JURISDICTION.
_________________________________
MARIAN E. SULLIVAN
Board Judge
We concur:
_________________________________ _________________________________
PATRICIA J. SHERIDAN JONATHAN D. ZISCHKAU
Board Judge Board Judge
DISMISSED WITH PREJUDICE: January 28, 2019
CBCA 5506, 5715, 5849
JBG/FEDERAL CENTER, L.L.C.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent in CBCA 5506, 5849
and
DEPARTMENT OF TRANSPORTATION,
Respondent in CBCA 5715,
Vincent Mark J. Policy and William C. Casano of Greenstein DeLorem & Luchs,
P.C.,Washington, DC, counsel for Appellant.
Lesley Busch Uhr and Bradley Boettcher, Office of General Counsel, General
Services Administration, Washington, DC, counsel for Respondent in CBCA 5506, 5849.
Lynn M. Deavers and Michael A. Smith, Office of the General Counsel, Department
of Transportation, Washington, DC, counsel for Respondent in CBCA 5715.

CBCA 5506, 5715, 5849      2
SULLIVAN, Board Judge. 
ORDER
The Board is in receipt of the parties’ joint motion to dismiss, filed on December 28,
2018, in the above-referenced cases.  The parties state that they have entered into a settlement
agreement which resolves all matters and request that the Board dismiss these appeals with
prejudice.  In accordance with the parties’ request, these appeals are DISMISSED WITH
PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: December 30, 2019
CBCA 6531
FMS INVESTMENT CORPORATION,
Appellant,
v.
DEPARTMENT OF EDUCATION,
Respondent.
David R. Johnson, Tyler E. Robinson, and John M. Satira of Vinson & Elkins LLP,
Washington, DC,  counsel for Appellant.
Megan R. Nathan and Tracey L. Sasser, Office of the General Counsel, Department
of Education, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
The contractor, FMS Investment Corporation, and the Department of Education, have
resolved the claim in dispute.  As requested by the contractor, the Board DISMISSES WITH
PREJUDICE the appeal.
     Joseph A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE:  April 22, 2024
CBCA 7462, 7469 (non-consolidated)
FRAMACO INTERNATIONAL, INC.,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Douglas L. Patin, Erik M. Coon, and Jennifer M. Ersin of Bradley Arant Boult
Cummings LLP, Washington, DC; and Sam Z. Gdanski and Abraham S. Gdanski of Gdanski
Law PC, Teaneck, NJ, counsel for Appellant.
Thomas D. Dinackus, Matthew S. Tilghman, and Alexandra N. Wilson, Office of the
Legal Adviser, Buildings and Acquisitions, Department of State, Washington, DC, counsel
for Respondent.
RUSSELL, Board Judge.
ORDER
The parties have advised that the above-captioned appeals have been settled and have
moved to dismiss the appeals with prejudice.  The parties’ motion is granted.  Accordingly,
the appeals are DISMISSED WITH PREJUDICE.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE: August 6, 2018
CBCA 5712
JAM CONSTRUCTION SERVICES, INC.,
      Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
        Respondent.
Lynn Patton Thompson and Christopher Solop of Biggs, Ingram & Solop, PLLC,
Jackson, MS, counsel for Appellant.
Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs,
Houston, TX, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The appellant asked us to dismiss this appeal with prejudice after a settlement. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Kyle Chadwick                
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: May 31, 2023
CBCA 7583, 7584, 7585
NGP AUTOMATION, LLC fka CORNERSTONE AUTOMATION SYSTEMS, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Erin L. Toomey of Foley & Lardner LLP, Detroit, MI, counsel for Appellant.
David Fagan, Office of General Counsel, Department of Veterans Affairs, Portland,
OR, counsel for Respondent.
BEARDSLEY, Board Judge (Chair).
ORDER
On May 30, 2023, NGP Automation, LLC, formerly known as Cornerstone
Automation Systems, LLC (NGP), requested that the Board dismiss these appeals with
prejudice as the parties have settled these matters. In accordance with NGP’s request, these
consolidated appeals are DISMISSED WITH PREJUDICE.
Erica S. Beardsley
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE: July 31, 2013
CBCA 3408
MANAGEMENT STRATEGIES, INC.,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Mahesh Reddy, Vice President - Operations of Management Services, Inc., Monroe,
CT, appearing for Appellant.
David R.  Koeppel, Dennis Adelson, and Colin W. O’Sullivan, Office of the Solicitor,
Department of Labor, Washington, DC, counsel for Respondent.
SOMERS, Board Judge.
ORDER
On July 30, 2013, the parties filed a joint motion to dismiss this appeal with prejudice
on the basis of a settlement, with each side to bear its own costs and attorney fees.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE:  February 4, 2015
CBCA 4337
UNISSANT, INC.,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
Christopher R. Shiplett of Randolph Law, PLLC, Arlington, VA, counsel for
Appellant.
Kasey M. Podzius and Julie K. Cannatti, Office of General Counsel, Department of
Housing and Urban Development, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On February 3, 2015, the parties filed a joint motion to dismiss this matter, advising
the Board that the parties had successfully settled the appeal.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
GRANTED IN PART: April 11, 2018
CBCA 5249
MALLINCKRODT LLC,
    Appellant,
v.
DEPARTMENT OF ENERGY,
             Respondent.
Joel Singer and James Ray Magnum of Sidley Austin, LLP, Washington, DC counsel
for Appellant.
Matthew Butsick, Office of the General Counsel, Department of Energy, Washington,
DC, counsel for Respondent.
Before Board Judges SOMERS (Chair), SHERIDAN, and CHADWICK.
CHADWICK, Board Judge.
Mallinckrodt LLC timely appealed in March 2016 from the deemed denial of a
certified claim for monetary and nonmonetary relief.  The parties settled the case and filed
a stipulation complying with Board Rule 25(b) (48 CFR 6101.25(b) (2017)) for an award
of $3,261,057.19, without interest.  


CBCA 5249 2
Decision
The Board GRANTS IN PART the appeal and awards the appellant $3,261,057.19.
No interest shall be paid on this amount.  
  Kyle Chadwick                    
KYLE CHADWICK
Board Judge
We concur:
  Jeri Kaylene Somers             Patricia J. Sheridan             
JERI KAYLENE SOMERS PATRICIA J. SHERIDAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  October 21, 2020
CBCA 5778
PRIMARY COLORS CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Edward T. DeLisle of Offit Kurman, Philadelphia, PA, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On October 20, 2020, the parties filed a joint motion to dismiss this matter, advising
the Board that the parties had successfully settled the appeal.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  September 24, 2018
CBCA 5297, 5438
DNUTCH ASSOCIATES, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Isaias “Cy” Alba, IV, Michelle E. Litteken, and Kathryn V. Flood of PilieroMazza
PLLC, Washington, DC, counsel for Appellant.
Jennifer L. Hedge, Office of the General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On September 20, 2018, the parties filed a joint stipulation of dismissal with
prejudice, advising the Board that the parties had successfully settled these appeals.  The
Board commends the parties on their settlement, and consistent with the parties’ request,
these appeals are DISMISSED WITH PREJUDICE.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE:  January 24, 2022
CBCA 7110
HONEYWELL FEDERAL MANUFACTURING & TECHNOLOGIES, LLC,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Gail D. Zirkelbach, Christopher D. Garcia, and Gabrielle D. Trujillo of Crowell &
Moring LLP, Los Angeles, CA, counsel for Appellant.
Matthew Butsick, Office of the General Counsel, Department of Energy, Washington,
DC, counsel for Respondent.
BEARDSLEY, Board Judge.
ORDER
On January 20, 2022, the parties filed a joint request for dismissal with prejudice,
stating that they have executed a settlement agreement that resolves the bases of appellant’s
appeal.
The parties’ request is granted.  This appeal is DISMISSED WITH PREJUDICE.
    Erica S. Beardsley    
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE:  February 17, 2010 
CBCA 1801 
ALLAN M. BOOTH, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Allan M. Booth, pro se, Harbor Beach, MI. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
SHERIDAN,  Board Judge. 
ORDER 
The parties have settled the instant appeal and have jointly requested that the appeal 
be dismissed with prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE: March 15, 2012 
CBCA 2485 
QUALITY BUILT POLE BUILDINGS, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Tom Vermeesch, Owner of Quality Built Pole Buildings, Bay City, MI, appearing for 
Appellant. 
Ronald Mulach, Office of the General Counsel, Department of Agriculture, 
Milwaukee, WI, counsel for Respondent. 
HYATT , Board Judge. 
ORDER 
On February 16, 2012, the Board received a status report from respondent, advising 
that all issues in the appeal had been settled and attaching a copy of the settlement 
agreement, which provided that appellant would withdraw its appeal within five business 
days after execution.  The agreement was executed on February 7, 2012.  

                                                                                   
     
      
       
       
   
__________________________ 
  
 
                                        2 CBCA 2485
When no communication from appellant withdrawing the appeal was timelyreceived, 
the Board, on February 22, 2012, issued an order requesting appellant to file a statement 
advising the Board whether or not it objected to dismissal of the appeal with prejudice. The 
order further stated that if no statement was received from appellant by February 29, 2012, 
appellant would be deemed to have no objection. 
Appellant has not responded to this order. Accordingly, the appeal is DISMISSED 
WITH PREJUDICE. 
CATHERINE B. HYATT 
Board Judge
DISMISSED WITHOUT PREJUDICE: April 21, 2022
CBCA 7365
CONSTRUCTION SERVICES GROUP, INC., 
Petitioner,
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Andy Moody, Vice President of Construction Services Group, Inc., Charleston, SC,
appearing for Petitioner.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties move jointly under Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2020))
to dismiss the petition without prejudice.  Accordingly, the petition is DISMISSED
WITHOUT PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE:  October 3, 2023
CBCA 7155
HPM CORPORATION,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
David S. Panzer of Ward & Berry, PLLC, Tysons, VA, counsel for Appellant.
Andrew J. Unsicker and Anissa L. Siefken, Office of Chief Counsel, Department of
Energy, Richland, WA, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On October 2, 2023, the parties submitted a joint motion for voluntary dismissal.  The
parties stated that the issues under appeal have been settled.  The motion is granted.  The
appeal is DISMISSED WITH PREJUDICE. 
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED FOR FAILURE TO PROSECUTE: July 10, 2014
CBCA 2908
VET-TECH, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Clayton Hulsizer, Owner of Vet-Tech, LLC, West Grove, PA, appearing for
Appellant.
Jennifer Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), STEEL, and KULLBERG.
STEEL, Board Judge.
For the reasons below, the Board dismisses the above-captioned appeal for failure to
prosecute.
Background
The above-captioned case was filed on July 23, 2012. On the eve of a scheduled
mediation on July 29, 2013, the Board received a motion from counsel for appellant seeking
to withdraw his appearance on appellant’s behalf.  Appellant, Vet-Tech, LLC, was told that
it must locate other counsel, and enter their appearance, or appear by one of the company’s

CBCA 2908 2
officers.  When appellant failed to do so, on January 16, 2014, the Board issued an order to
show cause why the case should not be dismissed for failure to prosecute.  An attorney for
the surety involved in the contract entered his appearance in the case on February 11, 2014. 
Because the entry of appearance was not on behalf of appellant but on behalf of its bonding
company, however, the appearance was not accepted.  That attorney was permitted to
withdraw his appearance.
A new order to show cause why the case should not be dismissed was sent by
facsimile to appellant on May 5, 2014, directing that on or before May 20, 2014, Vet-Tech
must either secure the services of an attorney, notify the Board that an officer of the company
would be representing Vet-Tech, or otherwise show cause why the appeal should not be
dismissed. As of this date, no response to the order to show cause has been received from
Vet-Tech. On July 1, 2014, the Board attempted to contact appellant by electronic mail at its
address of record to make sure the order to show cause was received; while the request was
not rejected by appellant’s electronic mail server, appellant also failed to respond to the July
1 email message.
Board precedent indicates that when an appellant is unresponsive to an order requiring
action by the appellant, dismissal for failure to prosecute is appropriate.  See Ryll
International, LLC v. Department of Transportation, CBCA 2069, 13 BCA ¶ 35,3311;
Cecelia Sutton v. General Services Administration, CBCA 2810, 12-2 BCA ¶ 35,158.  Since
appellant has failed to respond to the second order to show cause, dismissal is warranted.
Decision
The appeal is DISMISSED FOR FAILURE TO PROSECUTE.
_____________________________
CANDIDA S. STEEL
Board Judge
We concur:
___________________________                                                           
STEPHEN M. DANIELS H. CHUCK KULLBERG
Board Judge Board Judge
DISMISSED WITH PREJUDICE: March 31, 2015
CBCA 4203
ADDVETCO, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Michael D. Klein, Steven P. Engel, and Michael P. Riordan of Blumling & Gusky,
LLP, Pittsburgh, PA, counsel for Appellant.
Jennifer Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The parties have requested that the Board dismiss this appeal with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  March 25, 2010 
CBCA 1600 
INTER-CON SECURITY SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF STATE, 
Respondent. 
Neil H. O’Donnell and Aaron P. Silberman of Rogers Joseph O’Donnell, San 
Francisco, CA, counsel for Appellant. 
Dennis J. Gallagher, Office of the Legal Aviser, Buildings and Acquisitions, 
Department of State, Rosslyn, VA, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
Appellant, Inter-Con Security Systems, Inc., was awarded a contract with respondent, 
Department of State, to provide security services at the United States Embassy in Bogatá, 
Colombia.  Appellant claimed that it was entitled to additional compensation for these 
services because the government of Colombia decreed an increase in minimum wage rates 
for the provision of security guard services in that country.  A Department of State 
contracting officer denied the claim, and this appeal followed. 

    
  
__________________________________ 
2 CBCA 1600 
On March 24, 2010, appellant filed a motion for dismissal with prejudice , advising 
that respondent has issued a contract modification and payment has been made to appellant 
which resolves the dispute associated with the appeal. 
The motion is granted.  The appeal is DISMISSED WITH PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE: October 21, 2013
CBCA 3353
CGS ADMINISTRATORS, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Steven M. Masiello and Tyson J. Bareis of McKenna Long & Aldridge LLP, Denver,
CO, counsel for Appellant.
Jeffri Pierre, Office of the General Counsel, Department of Health and Human
Services, Woodlawn, MD, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
The parties have settled this appeal and request that it be dismissed with prejudice. 
Accordingly, this appeal is hereby DISMISSED WITH PREJUDICE.
_____________________________
JEROME M. DRUMMOND
Board Judge
DISMISSED WITH PREJUDICE: August 10, 2010 
CBCA 1636 
RE-ENTRY ASSOCIATES, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Rand L. Allen, Daniel P. Graham, and Julie A. Dunne of Wiley Rein LLP, 
Washington, DC, counsel for Appellant. 
Tony A. Ross, Frank Giorno, and Paul Thomson, Office of the General Counsel, 
Department of Veterans Affairs, Baltimore, MD, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On July 6, 2009, the Board docketed the appeal of Re-Entry Associates, Inc.  
On August 5, 2010, appellant advised the Board that the parties had reached a 
settlement in this appeal and requested that this appeal be dismissed with prejudice. 

______________________ 
2 CBCA 1636 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
_________________________________ 
DISMISSED WITH PREJUDICE:  March 6, 2007 
CBCA 548 
LARRY HAWORTH, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
Larry Haworth, pro se, West Columbia, SC. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
HYATT , Board Judge. 
ORDER 
On March 5, 2007, the parties in this appeal filed a joint stipulation of dismissal, 
attaching a copy of their settlement agreement resolving this dispute.  In accordance with the 
terms of the settlement agreement, they requested that the appeal be dismissed with 
prejudice. 
This appeal is hereby DISMISSED WITH PREJUDICE . 
CATHERINE B. HYATT 
Board Judge 

2 CBCA 548
DISMISSED WITH PREJUDICE:  September 21, 2023
CBCA 7400
EAST COAST UTILITY CONTRACTORS, LTD.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Matthew W. Smith of Otey Smith and Quarles, Williamsburg, VA, counsel for
Appellant.
Jacob A. Borton, Office of the Solicitor, Department of the Interior, Sacramento, CA;
and Brian A. Quint, Office of the Solicitor, Department of the Interior, Washington, DC,
counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On September 19, 2023, the parties jointly moved to dismiss this appeal.  In their
motion, the parties stated that they reached a settlement and stipulate to the dismissal of this
appeal with prejudice.  The motion is granted.  The appeal is DISMISSED WITH
PREJUDICE. 
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED: May 5, 2014
CBCA 3770
VETSUMMIT, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Mark W. Bernlohr of Jackson Kelly PLLC, Akron, OH, counsel for Appellant.
Lindsay C. Roop, Office of Regional Counsel, Department of Veterans Affairs,
Columbus, OH, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On April 30, 2014, the parties jointly moved to withdraw the above-captioned appeal
to allow appellant to address jurisdictional issues.  The parties indicated that if settlement
cannot be reached at the contracting officer level, a new appeal may be filed at the Board. 
The motion to withdraw is granted and the appeal is DISMISSED.
                                                             
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: June 11, 2012 
CBCA 2293 
GUSTAVSON ASSOCIATES, LLC, 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Edwin C. Moritz, President, and Katherine C. Stevenson of Gustavson Associates, 
LLC, Boulder, CO appearing for Appellant. 
Stephen R. Palmer, Office of the Regional Solicitor, Department of the Interior, 
Sacramento, CA, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
Appellant, Gustavson Associates, LLC, entered into contract no. 
FAP070118/LO7PX0187 to provide a Mineral Material Appraisal to respondent, the Bureau 
of Land Management. Appellant filed a claim under the contract for $56,384.38 plus 
interest. Respondent issued a contracting officer’s final decision dated January 6, 2011, 
denying the claim. Subsequently, appellant filed an appeal to this Board. Appellant has now 
filed a motion to dismiss this case with prejudice on the grounds that the parties have reached 
a settlement of all issues in this appeal. Respondent concurs in the motion. 

 
       
                                                   
  
 
2 CBCA 2293 
Accordingly, this case is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE: June 6, 2017
CBCA 5730
PATRICIA DAWRS,
Appellant,
v.
SOCIAL SECURITY ADMINISTRATION,
Respondent.
Patricia Dawrs, pro se, Hilo, HI.
Uri R. Ko and Brandon Dell’Aglio, Office of the General Counsel, Social Security
Administration, Baltimore, MD, counsel for Respondent.
SOMERS, Board Judge.
ORDER
The Board is in receipt of the parties’ joint request to dismiss the above-referenced
appeal.  In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: August 2, 2018
CBCA 2919, 2938, 3236, 4800
THE WHITING-TURNER CONTRACTING COMPANY,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Andrew W. Stephenson and Gregory H. Koger of Holland & Knight, LLP,
Washington, DC, counsel for Appellant.
Stacey North-Willis and Eyvonne Alston, Office of General Counsel, Department
of Veterans Affairs, Washington, DC, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
On July 27, 2018, the parties filed a joint motion of dismissal regarding the above-
referenced matters.  The parties request that the other consolidated appeals (CBCA 2920,
3615, 4813, and 5004) remain pending before the Board.
In accordance with the parties’ request, these appeals (CBCA 2919, 2938, 3236,
and 4800) are DISMISSED WITH PREJUDICE.
Jeri Kaylene Somers  
JERI KAYLENE SOMERS
Board Judge
_______________________________________ 
  
 
DISMISSED WITH PREJUDICE: December 28, 2011 
CBCA 2603 
POMEROY FOREST PRODUCTS, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
John A. Lewandowski of Butch, Quinn, Rosemurgy, Jardis, Burkhart, Lewandowski 
& Miller, P.C., Escanaba, MI, counsel for Appellant. 
Ronald Mulach, Office of the General Counsel, Department of Agriculture, 
Milwaukee, WI counsel for Respondent. 
GOODMAN, Board Judge. 
ORDER 
The appellant, Pomeroy Forest Products, Inc., has advised that the parties have settled 
all claims with regard to this appeal and has requested its dismissal with prejudice. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED FOR LACK OF JURISDICTION:  March 31, 2020
CBCA 6033
TERACORE, INC., 
Appellant,
v.
 
DEPARTMENT OF AGRICULTURE,
Respondent.
Timothy A. Furin of Ward & Berry, PLLC, Washington, DC, counsel for Appellant.
Melissa D. McClellan, Office of the General Counsel, Department of Agriculture,
Washington, DC, counsel for Respondent.
Before Judges VERGILIO, RUSSELL, and CHADWICK.
RUSSELL, Board Judge. 
Appellant has moved to dismiss this appeal without prejudice.1  In its motion,
appellant conceded that the Board lacks jurisdiction over the appeal because a properly
certified claim was never submitted to the contracting officer for consideration.  Appellant
explained that, if its motion is granted, it intends to submit a properly certified claim to the
contracting officer requesting a final decision.
1 Pursuant to Board Rule 12(b)(2), a motion for dismissal without prejudice must
be made jointly.  48 CFR 6101.12(b)(2) (2019).

CBCA 6033 2
Decision
For the Board to have jurisdiction, appellant was required to present a properly
certified claim to the contracting officer before filing this appeal.  See 41 U.S.C. § 7103(b)
(2018).  As there was no proper claim presented to the contracting officer, this appeal is
DISMISSED FOR LACK OF JURISDICTION.
Beverly M. Russell                
BEVERLY M. RUSSELL
Board Judge
We concur:
Joseph A. Vergilio                  Kyle E. Chadwick              
JOSEPH A. VERGILIO Kyle E. Chadwick
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  February 15, 2024
CBCA 7869
MERCER FRASER CO.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Neil H. O’Donnell and Richard M. Harris of Rogers Joseph O’Donnell, PC,
San Francisco, CA, counsel for Appellant.
Jack F. Gilbert, Office of the Chief Counsel, Federal Highway Administration,
Department of Transportation, Lakewood, CO, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On February 13, 2024, the parties jointly moved that the Board dismiss the above-
captioned appeal with prejudice pursuant to Rule 12(b)(2) (48 CFR 12(b)(2) (2022)).  The
motion states that both parties shall bear their own fees and costs.  The motion is granted. 
This appeal is DISMISSED WITH PREJUDICE.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: April 22, 2020
CBCA 6029, 6030
SOTERA DEFENSE SOLUTIONS, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Nathanael D. Hartland of Nelson Mullins Riley & Scarborough LLP, Baltimore, MD,
counsel for Appellant.
Antonio Robinson, Office of the General Counsel, Department of Agriculture,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On April 21, 2020, appellant, Sotera Defense Solutions, Inc. (Sotera), moved to
dismiss these appeals. Sotera represents that respondent, Department of Agriculture, does
not oppose the motion.
Sotera’s motion is granted. The appeals areDISMISSED WITH PREJUDICE.
Marian E. Sullivan
MARIAN E. SULLIVAN
Board Judge