Kmisener/CBCA_Full huggingface dataset:
GRANTED IN PART:  October 26, 2018
CBCA 6072
 
K.O.O. CONSTRUCTION, INC., 
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS
Respondent.
Herman M. Braude of Braude Law Group, P.C., Rockville, MD, counsel for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR; and Donald C. Mobly, Office of General Counsel, Department of Veterans
Affairs, Denver, CO, counsel for Respondent.
Before Board Judges DRUMMOND, SULLIVAN, and LESTER.
LESTER, Board Judge. 
In a certified claim submitted to the contracting officer for the Department of Veterans
Affairs (VA) on or about August 25, 2017, K.O.O. Construction, Inc. (KOO) alleged that it
it had incurred additional costs in performing contract no. VA261-C-0528 for which the VA
should compensate it.  On March 13, 2018, KOO appealed the VA contracting officer’s

CBCA 6072 2
“deemed denial” of its claim to the Board.  The Board docketed KOO’s appeal as CBCA
6072. 
At the parties’ request, the Board subsequently suspended proceedings in the appeal
to provide the parties with time to attempt to resolve their dispute through mediation.  On
October 24, 2018, the parties filed a joint motion for entry of judgment in this appeal,
indicating that, in a settlement agreement that they had executed earlier that day following
mediation, they had stipulated to an award in KOO’s favor in the amount of $2 million,
inclusive of interest, to be paid from the permanent indefinite judgment fund, 31 U.S.C.
§ 1304 (2012).  Under their stipulation, interest will begin to run on December 14, 2018, at
rates prescribed by the Contract Disputes Act (CDA), 41 U.S.C. § 7109, if the permanent
indefinite judgment fund has not paid the stipulated amount by that date.  The parties further
stipulated that they will not seek reconsideration of or relief from, and will not appeal, the
Board’s decision awarding the stipulated amount.
Decision
The appeal is GRANTED IN PART.  The VA shall pay $2 million, inclusive of
interest, to KOO in full settlement of CBCA 6072, 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 and may be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304. 
If the $2 million settlement amount is not paid by December 14, 2018, there shall be added
to that amount interest, at rates prescribed pursuant to the CDA, beginning on December 14,
2018, and ending on the date of payment.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR. 
Board Judge
We concur:
  Jerome M. Drummond       Marian E. Sullivan          
JEROME M. DRUMMOND MARIAN E. SULLIVAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  June 23, 2021
CBCA 7116
NORTH WIND CONSTRUCTION SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Nathan Hartland of Nelson Mullins Riley & Scarborough, LLP, Baltimore, MD,
counsel for Appellant.
Julie Sammons and Elise Harris, Office of the General Counsel, Department of Health
and Human Services, Atlanta, GA, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On June 22, 2021, the parties filed a joint request for dismissal with prejudice of the
captioned appeal based on a settlement.  The Board commends the parties on the successful
resolution of their dispute.  Accordingly, the captioned appeal is DISMISSED WITH
PREJUDICE.
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
GRANTED IN PART: March 18, 2015
CBCA 3899, 4332
KIEWIT-TURNER, A JOINT VENTURE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William E. Dorris, Chad V. Theriot, Reginald A. Williamson, and Elizabeth C. Akins
of Kilpatrick Townsend & Stockton LLP, Atlanta, GA; and Michael A. Branca of Peckar &
Abramson, P.C., Washington, DC, counsel for Appellant.
Charlma Quarles, Cecily Chambliss, Eyvonne Mallett, Benjamin Diliberto, and
Khaliah M. Wrenn, Office of General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), POLLACK, and STEEL.
STEEL, Board Judge.
The Department of Veterans Affairs (VA) contracted with Kiewit-Turner, a Joint
Venture (KT) for the construction of a medical center campus in Aurora, Colorado.  KT
submitted claims resulting from  changes to the north shore wall drawings and PSN precast
columns.  A VA contracting officer denied the claims, and KT appealed from his decisions. 
The appeals were docketed as CBCA 3899 and 4332, respectively.  Through these cases, the
contractor sought $54,970 and a time extension of forty-nine days.


CBCA 3899, 4332 2
The parties have now filed a joint motion for judgment on stipulated settlement,
pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2014)).  They ask the Board to award to
KT the following amounts:  
(a) in CBCA 3899, $29,353 plus interest in accordance with the Contract Disputes
Act, 41 U.S.C. § 7109 (2012) (CDA), from June 6, 2013; and
(b) in CBCA 4332, $23,860 plus interest in accordance with the CDA from
June 17, 2013.
The parties have stipulated that they will not seek reconsideration of, or relief from,
a decision which makes such an award, and they will not appeal that decision.
Decision
CBCA 3899 is GRANTED IN PART.  In this appeal, the Department of Veterans
Affairs shall pay to Kiewit-Turner, a Joint Venture, the sum of $29,353 plus interest in
accordance with the CDA from June 6, 2013, until the date of payment.
CBCA 4332 is GRANTED IN PART.  In this appeal, the Department of Veterans
Affairs shall pay to Kiewit-Turner, a Joint Venture, the sum of $23,860 plus interest in
accordance with the CDA from June 17, 2013, until the date of payment.
Both sums shall be paid from the permanent indefinite judgment fund.  31 U.S.C.
§ 1304.
_________________________
CANDIDA S. STEEL
Board Judge
We concur:
_________________________ _________________________
STEPHEN M. DANIELS HOWARD A. POLLACK
Board Judge Board Judge
__________________________
DISMISSED WITH PREJUDICE: February 18, 2009 
CBCA 1299 
RICHCON MARINE & MECHANICAL, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Richard A. Kubilus, Sr., President of Richcon Marine & Mechanical, Inc., Virginia 
Beach, VA, appearing for Appellant. 
Kate Gorney, Office of the Regional Counsel, Department of Veterans Affairs, 
Philadelphia, PA, counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
On February 9, 2009, the Board received the parties’ stipulation of settlement and 
joint motion to dismiss.  The parties have reached a resolution of the dispute in the above-
captioned case, and have stipulated that each party will bear its own fees and costs.  
Accordingly, this appeal is DISMISSED WITH PREJUDICE. 
     CANDIDA S. STEEL
     Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  November 3, 2009 
CBCA 1056, 1339 
SECOND STREET HOLDINGS, LLC, 
Appellant, 
v. 
SECURITIES AND EXCHANGE COMMISSION, 
Respondent. 
Ari S. Zymelman, Jerry L. Shulman, and Thomas M. Craig of Williams & Connolly 
LLP, Washington, DC, counsel for Appellant. 
George C. Brown, John P. Sholar, and Jeffrey C. Walker, Office of the General 
Counsel, Securities and Exchange Commission, Washington, DC, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
On November 2, 2009, appellant, with consent of respondent, filed a motion to 
dismiss with prejudice these appeals and concurrently filed a motion to withdraw its previous 
stipulation of settlement in both appeals. Accordingly, the appeals are DISMISSED WITH 
PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE: October 10, 2017
CBCA 5827
ERIC STEINMANN,
                                                         Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
                                                         Respondent.
Eric Steinmann, pro se, Wrightwood, CA.
Benjamin D. Lorber, Office of General Counsel, General Services Administration,
Atlanta, GA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On October 6, 2017, representing that this matter was resolved by settlement, the
appellant submitted an uncontested motion asking the Board to dismiss this appeal with
prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
                                                             
PATRICIA J. SHERIDAN
Board Judge


CBCA 5827 2
DISMISSED: March 27, 2014
CBCA 3733
NECCO, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Paul Sipple, President, and Nancy Mongeur of NECCO, Inc., Waitsfield, VT,
appearing for Appellant.
Vince Vukelich, Office of the General Counsel, Department of Agriculture,
Milwaukee, WI, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The Department of Agriculture contracted with NECCO, Inc. to replace the roof of
a building in the Green Mountain and Finger Lakes National Forests.  NECCO claimed that
it was entitled to payment of $1308 in addition to the contract price.  The contracting officer
determined that payment of only $725.99 was appropriate.  NECCO appealed her decision,
maintaining that it should also receive the $582.01 not allowed by the contracting officer.
The parties have settled the case and have asked the Board to dismiss it.


CBCA 3733 2
Accordingly, the case is DISMISSED.
_________________________
STEPHEN M. DANIELS
Board Judge
RECONSIDERATION DENIED: April 20, 2021
CBCA 6682-R, 6765-R, 6767-R
PRIME TECH CONSTRUCTION LLC,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Chizoma B. Onyems, President of Prime Tech Construction LLC, Auburn, CA,
appearing for Appellant.
Thomas M. Cordova, Office of the General Counsel, Department of Energy,
Lakewood, CO, counsel for Respondent.
Before Board Judges ZISCHKAU, SULLIVAN and CHADWICK.
CHADWICK, Board Judge.
Prime Tech Construction LLC (Prime Tech) timely seeks reconsideration of our
decision denying these three appeals.  We may “reconsider a decision . . . for a reason
recognized in Rule 59 of the Federal Rules of Civil Procedure.  Arguments and evidence
previously presented are not grounds for reconsideration.”  Board Rule 26(a) (48 CFR
6101.26(a) (2019)); see also Exxon Shipping Co. v. Baker, 554 U.S. 471, 485 n.5 (2008) (a
motion for reconsideration “may not be used to . . . present evidence that could have been
raised prior to the entry of judgment”).  We deny reconsideration.
We dismissed CBCA 6682 and denied CBCA 6765 and CBCA 6767.  We found that
Prime Tech cited (1) no evidence to support recovery of the costs claimed in CBCA 6765 and


CBCA 6682-R, 6765-R, 6767-R 2
(2) no evidence that its failure to complete the construction project was excused, in support
of its appeal of the default termination in CBCA 6767.
Prime Tech makes no arguments regarding the dismissal of CBCA 6682.  Its motion
for reconsideration sets forth an “unlawful evidence suppression ground” and a “Board’s lack
of consistency ground.”  In the first argument, Prime Tech states it “has attached
EXHIBIT C equipment, employees and membrane rolls not covered in snow located at the
WAPA facility in Hayden CO proved Prime Tech mobilized.  Defendant cannot suppress
any evidence without motion to the Board or the Court.”  It appears that Prime Tech wishes
us to consider four new photographs attached to its motion.  This submission is “simply too
late,” Parsons Evergreene, LLC v. Secretary of the Air Force, 968 F.3d 1359, 1368 (Fed. Cir.
2020), and the images would not have affected our decision in any event.
In its second argument, Prime Tech says it “is prejudiced due to” what it terms “lack
of Consistency” between our decision and prior decisions.  Prime Tech does not identify any
clear error of law.  Mere, continuing disagreement with our resolution of the appeals is “not
grounds for reconsideration.”  Rule 26(a).
Prime Tech concludes by asserting that it “submitted all necessary records [for] the
written decision before [the] case closed.”  We explained in our original decision why we did
not rule for Prime Tech on the evidence before us.
Decision
We DENY the request for reconsideration.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
We concur:
    Jonathan D. Zischkau           Marian E. Sullivan        
JONATHAN D. ZISCHKAU MARIAN E. SULLIVAN
Board Judge Board Judge
__________________________________ 
DISMISSED: February 15, 2007 
CBCA 163 
CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA, 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Robert  J. Lyttle and Troy Klarkowski,  Law Office of  Robert J. Lyttle, P.C., Norman, 
OK, counsel for Appellant.  
Jessie  Huff Durham, Office of  the Field  Solicitor, Department of the Interior, Tulsa, 
OK,  counsel for Respondent. 
GILMORE,  Board Judge 
ORDER 
On February 9, 2007, the parties advised tha t this matt er had been resolved, and 
moved  to dismiss the appeal with prejudice.  Pursuant to the agreemen t of the parties, this 
appeal is DISMISSED WITH PREJUDICE.   
BERYL S. GILMORE 
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE: February 14, 2011 
CBCA 2111 
JUDY JENNINGS, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
Judy Jennings, pro se, Smyrna, TN. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have advised that they have settled the appeal and, by joint stipulation of 
dismissal, have asked the Board to dismiss the appeal with prejudice. Accordingly, the 
appeal hereby is DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
GRANTED IN PART: March 11, 2015
CBCA 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165,
4166, 4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215,
4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229,
4230
KIEWIT-TURNER, A JOINT VENTURE,
    Appellant,
v. 
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William E. Dorris, Chad V. Theriot, and Reginald A. Williamson, of Kilpatrick
Townsend & Stockton LLP, Atlanta, GA; and Michael A. Branca of Peckar & Abramson,
P.C., Washington, DC, counsel for Appellant.
Charlma Quarles, Stacey North-Willis, Khaliah Wrenn, Benjamin Diliberto, and
Eyvonne Mallett, Office of General Counsel, Department of Veterans Affairs, Washington,
DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), POLLACK, and STEEL.
STEEL, Board Judge.
On various dates in September and October 2014, appellant, Kiewit-Turner, a Joint
Venture, filed the above-captioned appeals arising out of its contract with the Department
of Veterans Affairs, respondent, to construct a medical center campus in Aurora, Colorado.
These appeals seek a total of $8,530,558, as well as various time extensions. 

CBCA 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 2
4167, 4168, 4169, 4170, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217,
4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230 
On March 4, 2015, the parties filed a joint motion for judgment on stipulation of
settlement.  The motion seeks a decision in favor of appellant in the total amount of
$4,324,433 plus interest commencing on November 4, 2013, in accordance with the Contract
Disputes Act, 41 U.S.C. § 7109 (2012).  The settlement agreement also provides that 
respondent will not assess liquidated damages for any delays in completing contract line item
number 0002AA01 CBS Renovation.
By supplement to the joint stipulation of settlement, the parties agree that they will not
seek reconsideration of, or relief from, the Board’s decision, and they will not appeal the
decision.
Decision
Accordingly, these appeals are GRANTED IN PART.  In accordance with the
parties’ motion, the Board awards to Kiewit-Turner, A Joint Venture, the sum of $4,324,433 
plus interest commencing on November 4, 2013, at rates calculated pursuant to the Contract
Disputes Act, 41 U.S.C. § 7109, to be paid from the permanent indefinite judgment fund, 
31 U.S.C. § 1304.  
    ____________________________
    CANDIDA S. STEEL
    Board Judge
We concur:
_______________________________        _____________________________
STEPHEN M. DANIELS    HOWARD A. POLLACK
Board Judge    Board Judge
DISMISSED FOR FAILURE TO PROSECUTE: April 17, 2014
CBCA 3285
ANTHONY MOORE,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Anthony Moore, pro se, Alamosa, CO.
Daniel B. Rosenbluth, Office of the General Counsel, Department of Agriculture,
Golden, CO, counsel for Respondent.
Before Board Judges GOODMAN, STEEL, and SHERIDAN.
STEEL, Board Judge.
Appellant, Anthony Moore1, appealed a decision regarding the purchase of timber
from the Department of Agriculture under the Hunter Gulch Timber Sale contract no. 1202-
120984.
1This case was initially docketed, incorrectly, as Hunter Gulch Salvage Sale v.
Department of Agriculture.  The name of the appellant is corrected with this decision.

CBCA 3285 2
Discussion
The Board initially issued an order dated March 19, 2013, requesting the complaint
be filed on or before April 19, 2013.  Appellant subsequently requested three  extensions of
time in which to file the complaint.  The Board granted these requests, but appellant has
failed to file a complaint.  The Board has since issued several orders requesting appellant to
either file a complaint or explain why this matter should not be dismissed for failure to
prosecute.  On March 20, 2014, the Board issued an order to show cause, ordering appellant
to either file the complaint or show cause on or before April 1, 2014, why this appeal should
not be dismissed for failure to prosecute.  Appellant has failed to comply with any of the
Board’s orders since this matter was docketed.
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) (2013).
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
Veterans 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, as appellant has failed to comply
with any of the Board’s orders or otherwise prosecute this appeal.

CBCA 3285 3
Decision
This appeal is DISMISSED FOR FAILURE TO PROSECUTE.
_________________________
CANDIDA S. STEEL
Board Judge
We concur:
_________________________ _________________________
ALLAN H. GOODMAN PATRICIA J. SHERIDAN
Board Judge Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  October 8, 2009
 
CBCA 429, 459
 
GPA-BUFFER, LP,
 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Jeffrey Weinstein of Washington, DC, counsel for Appellant. 
David A. Leib, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
On December 9, 2005, and June 20, 2006, GPA-Buffer, LP, filed notices of appeal 
in connection with a dispute under lease number GS-04B-39838, for the lease of space for 
a laboratory for the Drug Enforcement Agency in Miami, Florida.  An alternative dispute 
resolution (ADR) proceeding was conducted by a Board Judge serving as an ADR neutral. 
On October 7, 2009, the parties filed a joint stipulation of dismissal stating the appeals have 
been settled and final payment has been received. 
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE: August 27, 2013
CBCA 2950
AMX VETERANS SPECIALTY SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
David A. Rose of Rose Consulting Law Firm, Duluth, GA, counsel for Appellant.
Lisa C. House, Office of Regional Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On August 28, 2012, the Board received a notice of appeal from AMX Veterans
Specialty Services, LLC (contractor), disputing the contracting officer’s denial of its mistake
in bid claim under its contract,VA257-C-0581, with the Department of Veterans Affairs
(agency).  The contractor seeks $1,072,729, for what it describes as mistakes in its bid.  It
seeks contract reformation to reflect what it contends is the intended pricing for the work
required by the specifications.   On August 27, 2013, the parties informed the Board that they
have settled the dispute and jointly stipulated that the appeal should be dismissed with
prejudice.  According to the request of the parties, the Board DISMISSES WITH
PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE:  October 6, 2025
CBCA 8224
APTIM-NORTH WIND CONSTRUCTION JV, LLC,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Timothy E. Heffernan, C. William Groscup, and Robert G. Barbour of Watt, Tieder,
Hoffar & Fitzgerald, LLP, McLean, VA, counsel for Appellant.
Wendy E. Bryant and Kristopher D. Muse, Office of the General Counsel, Department
of Energy, Oak Ridge, TN, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By joint motion dated September 29, 2025, the parties sought dismissal of the appeal
with prejudice, pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)).  The appeal is
DISMISSED WITH PREJUDICE.
   Marian E. Sullivan         
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  October 11, 2023
CBCA 7791
PARAGON ROBOTICS, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Matthew E. Feinberg and Lauren R. Brier of PilieroMazza PLLC, Washington, DC,
counsel for Appellant.
Elise Harris and Julie Sammons, Office of the General Counsel, Department of Health
and Human Services, Atlanta, GA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On October 5, 2023, the parties submitted a joint request for dismissal of this appeal
with prejudice.  In the request, the parties stated that a settlement agreement had been
finalized with each party bearing its own costs and fees.  The motion is granted.  This appeal
is DISMISSED WITH PREJUDICE.
     Patricia J. Sheridan     
PATRICIA J. SHERIDAN
Board Judge
DISMISSED: November 13, 2015
CBCA 3642
INTERACTIVE ELEMENTS, INC.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Kara M. Sacilotto and William M. Novak of Wiley Rein LLP, Washington, DC,
counsel for Appellant.
Stephen F. Pereira, Office of the Chief Counsel, Federal Transit Administration,
Department of Transportation, Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
Through an appeal filed on December 18, 2013, Interactive Elements, Inc. (IEI)
challenged the decision of a Department of Transportation contracting officer which
demanded payment of $87,891 under a contract for the provision of project management
services to the Federal Transit Administration.  The demand was based on audits of the
contractor’s incurred costs for fiscal years 2009 and 2010.  As a result of mediation
conducted by a Board Judge, the parties entered into a settlement agreement which included
ground rules for audits of IEI’s indirect cost proposals for fiscal years 2011 through 2014.


CBCA 3642 2
IEI has now filed a motion to dismiss the appeal.  In the motion, the contractor notes,
with the agency’s concurrence, that the audits for fiscal years 2013 and 2014 have not been
completed, and that if the contracting officer issues a final decision for either of those years
which IEI disputes, the contractor may appeal such a decision to the Board.
At IEI’s request, CBCA 3642 is DISMISSED.
_________________________
STEPHEN M. DANIELS
Board Judge
______________________ 
DISMISSED WITH PREJUDICE: March 6, 2007 
CBCA 179 
R. J. CROWLEY, INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Victor G. Klingelhofer and C. Kelly Kroll of Cohen Mohr, LLP, Washington, DC, 
counsel for Appellant. 
Alton Woods, Office of the Solicitor, Department of the Interior, Washington, DC, 
counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On February 28, 2007, the parties jointly requested dismissal of this appeal with 
prejudice in that this appeal had been settled and payment had been made.  These appeals are, 
therefore, DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE: May 9, 2016
CBCA 5284
RUDE ENVIRONMENTAL SERVICES LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Misti Cooper, Owner of Rude Environmental Services LLC, Alexandria, MN,
appearing for Appellant.
Leigh Ann Bunetta and Robert Schlattman, Office of Regional Counsel, General
Services Administration, Denver, CO, counsel for Respondent.
SOMERS, Board Judge.
ORDER
The Board has received appellant’s correspondence, which  notifies the Board that the
parties have settled the issues on appeal and requests that the Board dismiss this appeal with
prejudice.  Accordingly, this appeal is DISMISSED WITH PREJUDICE.
_________________________________
 JERI KAYLENE SOMERS
Board Judge
________________________________ 
DISMISSED WITH PREJUDICE:  March 16, 2012 
CBCA 2700 
G4S SECURE SOLUTIONS (USA), INC., 
Appellant, 
v.
 DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Daniel B. Abrahams and Shlomo D. Katz of Brown Rudnick LLP, Washington, DC, 
counsel for Appellant. 
Helen S. Henningsen, Trial Attorney, Office of Regional Counsel, Department of 
Veterans Affairs, Milwaukee, WI, counsel for Respondent. 
ZISCHKAU, Board Judge. 
ORDER 
On March 12, 2012, the parties filed a joint stipulation of settlement with a request 
for dismisal of the captioned appeal CBCA 2700. Accordingly, the appeal is hereby 
DISMISSED WITH PREJUDICE . 
JONATHAN D. ZISCHKAU 
Board Judge
______________________________ 
DISMISSED WITH PREJUDICE: August 26, 2008 
CBCA 684 
THE CHAPPY CORPORATION,
                                                                       Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS,
                                                                        Respondent. 
Timothy E. Heffernan and Kirk J. McCormick of Watt, Tieder, Hoffar & Fitzgerald, 
L.L.P., McLean, VA, counsel for Appellant. 
Kenneth B. MacKenzie, Charlma J. Quarles, and Phillipa L. Anderson, Office of the 
General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On August 26, 2008, the parties forwarded to the Board an executed copy of the 
settlement agreement resolving all claims raised by the appellant in the above-captioned 
appeal and releasing one another from any and all liability under contract no. V626C-651. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE: May 4, 2020
CBCA 6135
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald J. Walsh of Wright, Constable & Skeen, LLP, Baltimore, MD, counsel for
Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA; and Donald Mobly, Office of General Counsel, Department of Veterans Affairs, Denver,
CO, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice. Accordingly,
the appeal is DISMISSED WITH PREJUDICE.
Kyle Chadwick
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: December 13, 2017
CBCA 5810
POMOCO CHRYSLER JEEP DODGE RAM OF NEWPORT NEWS,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Bill Aviles, Sales Manager of Pomoco Chrysler Jeep Dodge Ram of Newport News,
Newport News, VA, appearing for Appellant.
Michael J. Noble, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
During a conference with the Board on December 12, 2017, and confirmed in writing
on December 13, 2017, appellant advised that it would withdraw its appeal.  Accordingly,
the appeal is DISMISSED WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: January 12, 2016
CBCA 4796
CH2M HILL CONSTRUCTORS, INC.
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Vladimir Shifrin, Counsel of CH2M Hill Constructors, Inc., Englewood, CO, counsel
for Appellant.
Erik Claudio and Heba K. Tellawi, Office of Chief Counsel, Federal Emergency
Management Agency, Department of Homeland Security, Washington, DC, counsel for
Respondent.
WALTERS, Board Judge.
ORDER
The parties have submitted a joint motion to dismiss the appeal with prejudice, stating
that a full settlement of the issues in controversy has been achieved and indicating that there
is no further need for the Board’s involvement.  Accordingly, the appeal is DISMISSED
WITH PREJUDICE. 
__________________________
RICHARD C. WALTERS
Board Judge
____________________________ 
DISMISSED WITHOUT PREJUDICE:  June 25, 2008 
CBCA 1102 
SNAKE RIVER SANITATION, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
David M. Cannon of Cannon Law, P.A., Blackfoot, ID, counsel for Appellant. 
Heather R. Hinton-Taylor, Office of the General Counsel, Department of 
Agriculture, Ogden, UT, counsel for Respondent. 
BORWICK, Board Judge. 
ORDER 
On June 24, 2008, appellant moved to dismiss the appeal without prejudice. 
Respondent does not object.  Pursuant to Rule 12(d), this appeal is DISMISSED 
WITHOUT PREJUDICE . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED WITH PREJUDICE: March 30, 2022
CBCA 7215
KVA ELECTRIC, INC.,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Meghan A. Douris of Seyfarth Shaw LLP, Seattle, WA; and Alix K. Town of Oles
Morrison Rinker & Baker, LLP, Seattle, WA, counsel for Appellant.
John W. Cox, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Washington, DC, counsel for Respondent.
BEARDSLEY, Board Judge.
ORDER
On March 29, 2022, appellant, KVA Electric, Inc., filed a notice of voluntary
dismissal with prejudice pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2020)). 
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
    Erica S. Beardsley    
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE: October 17, 2012 
CBCA 2868 
GOLDSTAR PROPERTIES, LLC, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Robert E. Haver, President of Goldstar Properties, LLC, Frenchtown, NJ, appearing 
for Appellant. 
Aaron Fredrickson, Office of the General Counsel, Department of Agriculture, 
Harrisburg, PA, counsel for Respondent. 
DANIELS, Board Judge (Chairman). 
ORDER 
Goldstar Properties LLC leased commercial office space to the Department of 
Agriculture at a building located in Clinton, New Jersey. The lessor claimed that it was 
entitled to $23,975, the unreimbursed cost of modifying the interior of the building to 
accommodate the Government’s needs. The contracting officer denied the claim, and the 
lessor appealed. 
The parties have now entered into a settlement agreement which resolves this dispute 
and have moved the Board to dismiss the case with prejudice. 

 
          
____________________________ 
  
 
2 CBCA 2868 
The motion is granted. The appeal is DISMISSED WITH PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge
GRANTED IN PART:  December 18, 2008 
CBCA 1192 
RELIABLE CONTRACTING GROUP, LLC 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
William E. Dorris of Kilpatrick Stockton, LLP, Atlanta, Georgia, counsel for 
Appellant. 
Kenneth B. MacKenzie, Office of the General Counsel, Department of Veterans 
Affairs, Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), SHERIDAN, and WALTERS. 
WALTERS, Board Judge. 
Appellant, Reliable Contracting Group, LLC (Reliable), filed the instant appeal from 
a deemed denial of the contracting officer of respondent, the Department of Veterans Affairs 
(VA), of a claim for additional compensation relating to alleged government delay in 
connection with Reliable’s performance of a contract for utility plant and electrical 
distribution work at the VA hospital in Miami, Florida. 
On December 18, 2008, the parties filed with the Board a stipulation of settlement and 
a joint motion for judgment on the stipulated settlement.  The stipulation of settlement calls 
for the entry of judgment in favor of the appellant in the amount of $145,075, and for the 
payment of said amount to Reliable from the permanent indefinite judgment fund, 31 U.S.C. 

    
            
 
__________________________ 
_________________________ ___________________________ 
2 CBCA 1192 
§ 1304 (2000).   The stipulation provides that interest be paid in accordance with the Contract 
Disputes Act of 1978, 41 U.S.C. §§ 601-613 (2000), commencing November 9, 2007.  Under 
the motion, Reliable waives “any right it may have to make any claim for recovery of 
attorney fees and expenses under the Equal Access to Justice Act,” and further states that 
“the parties stipulate that they will not seek reconsideration of, relief from, or appeal the 
Board’s decision.” 
Decision 
The appeal is GRANTED IN PART .  In accordance with the parties’ stipulation of 
settlement, the Board awards appellant the sum of $145,075, plus interest on said amount 
under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (2000), beginning on 
November 9, 2007, until payment is issued.  Payment is to be made from the permanent 
indefinite judgment fund, 31 U.S.C. § 1304. 
RICHARD C. WALTERS 
Board Judge 
We concur: 
STEPHEN M. DANIELS PATRICIA J. SHERIDAN 
Board Judge Board Judge
GRANTED IN PART: October 15, 2015
CBCA 3886
MCCARTHY BUILDING COMPANIES, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Eric L. Nelson and Harry Z. Rippeon III of Smith, Currie & Hancock LLP, Atlanta,
GA, counsel for Appellant.
Beth K. Chesney and Charlma Quarles, Office of General Counsel, Department of
Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, KULLBERG, and ZISCHKAU.
ZISCHKAU, Board Judge.
On October 8, 2015, the parties submitted a joint request for stipulated decision,
advising that the parties had entered into a settlement agreement for the captioned appeal, and
requesting a stipulated award in favor of appellant in the amount of $875,000, plus Contract
Disputes Act (CDA) interest from March 5, 2014, until the date of payment, for increased
costs for winterization changes and impacts resulting from directives issued bythe Department
of Veterans Affairs. This payment is to be made through the permanent indefinite judgment
fund, such amount to constitute complete compensation for the appellant and its
subcontractors for any and all damages and costs, direct and indirect, due to the winterization
changes and impacts as alleged in the captioned appeal. The parties stipulate that neither party
will seek reconsideration of, or relief from the Board’s decision, and neither party will appeal
the Board’s decision.


CBCA 3886 2
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’
stipulated settlement, the Board awards appellant $875,000, plus CDA interest ( see 41
U.S.C. § 7109(b) (2012)) from March 5, 2014, until the date of payment. Payment is to be
made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
_______________________________
JONATHAN D. ZISCHKAU
Board Judge
We concur:
____________________________ _______________________________
JERI K. SOMERS H. CHUCK KULLBERG
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  May 4, 2026
CBCA 8389
REDORANGE LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Jon A. Thielen of Company Counsel LLC, Bala Cynwyd, PA, counsel for Appellant.
Tyler Ellis, Office of the General Counsel, Department of Agriculture, Washington,
DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On March 20, 2025, RedOrange LLC filed an appeal of a final decision by a
contracting officer of the Department of Agriculture, which was docketed by the Board as
CBCA 8389.  On December 4, 2025, the parties jointly requested that the appeal be resolved
through binding arbitration.
The parties each filed supplements to the record, position papers, replies, and
affidavits or statements from witnesses.  On April 21, 2026, the arbitrator held a conference
with the parties, during which each party confirmed that the appeal would be resolved
through binding arbitration, that each party would be bound by the judgment issued by the
arbitrator, and that the judgment would not be appealable.


CBCA 8389 2
On April 30, 2026, the arbitrator held another conference with the parties and
presented an oral explanation of the binding resolution of the appeal, confirmed in the
arbitrator’s memorandum dated April 30, 2026.  The arbitrator issued a binding,
unappealable arbitration decision, and no issues remain to be resolved.
The appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  May 4, 2021
CBCA 6049
TRANSWORLD SYSTEMS INC.,
    Appellant,
v.
DEPARTMENT OF EDUCATION,
    Respondent.
Paul A. Debolt and Chelsea B. Knudson of Venable LLP, Washington, DC; and James
Y. Boland of Venable LLP, Tysons Corner, VA, counsel for Appellant.
Michael S. Taylor and Megan R. Nathan, Office of the General Counsel, Department
of Education, Washington, DC, counsel for Respondent.
LESTER, Board Judge.
ORDER
On May 3, 2021, following the parties’ settlement of their underlying dispute,
appellant, Transworld Systems Inc. (Transworld), filed a consent motion to dismiss this
appeal.  Transworld’s motion is granted.  This appeal is DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: August 30, 2022
CBCA 7411
PRICE GORDON SERVICES, LLC dba VETERAN NATIONAL
TRANSPORTATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Timothy J. Turner and Jonathan D. Perrone of Whitcomb, Selinsky P.C., Denver, CO,
counsel for Appellant.
Kathleen Ramos, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motion filed August 25, 2022, appellant, Price Gordon Services, LLC dba Veteran
National Transportation, seeks dismissal with prejudice pursuant to CBCA Rule 12(b)(2) (48
CFR 6101.12(b)(2) (2021)).  The motion is granted, and the appeal is DISMISSED WITH
PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITHOUT PREJUDICE:  August 11, 2023
CBCA 7591
HAMILTON PACIFIC CHAMBERLAIN, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
P. Sean Milani-nia of Fox Rothschild LLP, Washington, DC, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On August 9, 2023, the parties jointly requested that the Board dismiss this appeal
without prejudice.  Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE: March 11, 2014
CBCA 3062
HEALTHEON, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Michael R. Rizzo and Keith M. Byers of McKenna Long & Aldridge LLP,
Los Angeles, CA, counsel for Appellant.
Lisa A. Buechler, Office of the Solicitor, Department of the Interior, Lakewood, CO,
counsel for Respondent.
SOMERS, Board Judge.
ORDER
This appeal has been settled through alternative dispute resolution (ADR) conducted
under Board Rule 54 by Board Judge Richard C. Walters, as the parties’ neutral.  By joint
motion to dismiss, the parties advise that, pursuant to their ADR settlement agreement, the
default termination being appealed will be withdrawn/rescinded and the termination denoted
as a “termination for the convenience of the parties.”  At the parties’ request, this appeal
hereby is DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE:  November 7, 2017
CBCA 5740 
MOTION MATTERS, INC.,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Shaima Shaidah, Chief Operating Officer of Motion Matters, Inc., Irvine, CA,
appearing for Appellant.
John B. Alumbaugh, Office of the General Counsel, Agency for International
Development, Washington, DC, counsel for Respondent.
BEARDSLEY, Board Judge.
ORDER
On November 6, 2017, the appellant filed a request to dismiss this appeal with
prejudice.  The respondent concurred separately with the appellant’s request.  Accordingly,
this appeal is DISMISSED WITH PREJUDICE.
___________________________
ERICA S. BEARDSLEY
Board Judge
________________________________ 
  
 
DISMISSED WITH PREJUDICE: March 9, 2012 
CBCA 2211 
COMMONWEALTH TRADING PARTNERS, INC., 
Appellant, 
v. 
DEPARTMENT OF COMMERCE, 
Respondent. 
Thomas S. Fergus, III, Chief Executive Officer of Commonwealth Trading Partners, 
Inc., Alexandria, VA, appearing for Appellant. 
Mark Langstein, Lauren Didiuk, Fred Kopatich, John Guinan, and Ashley Powers, 
Office of General Counsel, Department of Commerce, Washington, DC, counsel for
 
Respondent.
 
GOODMAN , Board Judge.
 
ORDER 
The parties to this appeal engaged in alternative dispute resolution (ADR) with a 
Board Judge serving as ADR neutral. They have filed a joint motion to dismiss the appeal 
with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE. 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE:  July 19, 2018
CBCA 6011
KEYPOINT GOVERNMENT SOLUTIONS, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Erin N. Rankin of Gibson, Dunn & Crutcher LLP, Washington, DC, counsel for
Appellant.
Stephen T. O’Neal and Tyler J. Mullen, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On July 17, 2018, 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.
 Kathleen J. O’Rourke  
KATHLEEN J. O’ROURKE
Board Judge
___________________________ 
DISMISSED WITH PREJUDICE:  November 24, 2009 
CBCA 1688 
XEROX CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Donald J. Walsh of Offit Kurman, Owings Mills, MD, counsel for Appellant. 
Marnie G. Ganotis, Office of the General Counsel, Department of Agriculture, 
San Francisco, CA, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
On August 10, 2009, Xerox Corporation appealed the deemed denial of its claim 
under contract number GS-25F-0062L for payment for duplicating machines and supplies 
and services the company provided to the United States Department of Agriculture.  On 
November 23, 2009, appellant filed a notice of dismissal stating that the parties have entered 
into a settlement agreement and requesting that the appeal be dismissed with prejudice. 
Respondent has no objection. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WTH PREJUDICE: November 24, 2015
CBCA 4473
LEGION CONSTRUCTION INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kristen S. Scammon of Torres, Scammon & Day, LLP, Boston, MA, counsel for
Appellant.
Jeanne S. Morris, Office of Regional Counsel, Department of Veterans Affairs, Leeds,
MA, counsel for Respondent.
POLLACK, Board Judge.
ORDER
On November 16, 2015, appellant filed a notice to dismiss this matter, advising the
Board that the parties had successfully settled the appeal.  Respondent assents to the motion
to dismiss.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
____________________________________
HOWARD A. POLLACK
Board Judge
GRANTED: July 25, 2014
CBCA 3529
SHARP ELECTRONICS CORPORATION,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Andrew K. Wible and Andrew W. Mohr of Cohen Mohr LLP, Washington, DC,
counsel for Appellant.
Michael J. Noble, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, VERGILIO, and McCANN.
VERGILIO, Board Judge.
On September 10, 2013, the Board received from Sharp Electronics Corporation
(contractor) a notice of appeal concerning a purchase order, W91YTZ-11-F-0125, placed by
the Department of the Army  (ordering agency) against its schedule contract, GS-25F-
0037M, with the General Services Administration (respondent). The contractor leased
multifunction equipment to the agency.  The contractor seeks what it describes as early
termination charges under the purchase order and schedule contract when the ordering
agency did not complete the full term of the agreement.  The contractor submitted to a
contracting officer of the ordering agency and of the respondent certified claims seeking
$167,896.44, plus interest.  In light of Sharp Electronics Corp. v. McHugh, 707 F.3d 1367
(Fed. Cir. 2013) (ordering agency’s contracting officer lacked authority to resolve a similar
claim), this appeal is based upon a deemed denial by the respondent’s contracting officer.


CBCA 3529 2
The contractor and respondent have resolved the dispute and have agreed to a
stipulated judgment.  The Government shall pay the contractor  $167,896.44, plus applicable
interest under the Contract Disputes Act, 41 U.S.C. § 7109 (2012), calculated from May 13,
2013 (the date of the original claim to the ordering agency contracting officer).  The parties
will not seek reconsideration of, or relief from the Board’s decision, and will not appeal the
decision.  The parties note that the Government shall utilize the permanent indefinite
judgment fund.  31 U.S.C. § 1304; 41 U.S.C. § 7108.
Decision
Accordingly, the Board GRANTS the appeal.  The contractor is to receive 
$167,896.44, plus applicable interest under the Contract Disputes Act calculated from
May 13, 2013.
______________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
_____________________________ ______________________________
JERI K. SOMERS R. ANTHONY McCANN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: October 23, 2014
CBCA 3684
VETERANS DEVELOPMENT CORPORATION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia of Manfredonia Law Offices, LLC, Cresskill, NJ, counsel for
Appellant.
Mary A. Mitchell, Office of Regional Counsel, Department of Veterans Affairs,
Houston, TX, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On January 17, 2014, Veterans Development Corporation, Inc. timely filed an appeal
concerning task order VA 248-12-J-4157 under its contract, VA248-C-1881, with the
Department of Veterans Affairs.  The contract involved work to accommodate an MRI unit. 
The dispute concerns contractor claims for work performed and damages, and agency claims
for liquidated damages.  A mediation successfully resolved this dispute informally.  On
October 22, 2014, the Board received a joint stipulation of settlement and motion for
dismissal with prejudice.  Accordingly, this matter is DISMISSED WITH PREJUDICE.
_______________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITHOUT PREJUDICE:  December 16, 2014
CBCA 3908
RUBEN CARREON,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
John D. Wheeler and Arslan S. Umarov of John D. Wheeler & Associates, P.C.,
Alamogordo, NM, counsel for Appellant.
Patricia Leigh Disert, Office of the General Counsel, Department of Agriculture,
Albuquerque, NM, counsel for Respondent.
POLLACK, Board Judge.
ORDER
On December 15, 2014, appellant filed a motion to dismiss this appeal without
prejudice.  Accordingly, the appeal is DISMISSED WITHOUT PREJUDICE.
__________________________
HOWARD A. POLLACK
Board Judge
DISMISSED WITH PREJUDICE : March 8, 2011 
CBCA 2296 
ACKERMAN DECATUR, LP, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
R. Lee Tucker, Jr. of Mahaffey Pickens Tucker, LLP, Lawrenceville, GA, counsel for 
Appellant. 
Thomas Y. Hawkins, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
SHERIDAN, Board Judge. 
ORDER 
On March 7, 2011, appellant filed a motion to dismiss with prejudice in the above-
captioned proceeding, and respondent indicated it had no objection to the motion. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge