Kmisener/CBCA_Full huggingface dataset:
DISMISSED WITH PREJUDICE:  April 29, 2008 
CBCA 162, 243 
DAVID/RANDALL ASSOCIATES, INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
William H. Platt II and Henry J. Costa, Jr., of Flamm, Boroff & Bacine, PC, Blue Bell, 
PA, counsel for Appellant.   
James E. Epstein, Office of the Solicitor, Department of the Interior, Newton, MA, 
counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On March 18, 2005, the Department of the Interior issued a final decision terminating 
contract number C4860010302 for default for anticipatory repudiation. On June 6, 2005, 
David/Randall Associates appealed that final decision. On December 7, 2007, the parties 
signed a settlement agreement settling all outstanding issues in this appeal.  At this point, 
however, the actual method of payment of the settlement amount to David/Randall 
Associates remained unresolved.  Recently, the Board has been  informed that complete and 
final payment has been made pursuant to the settlement agreement.  On April 23, 2008, 

    
 
________________________ 
2 CBCA 162, 243 
appellant filed a motion to discontinue this matter based upon the execution of the settlement 
agreement.  That motion is hereby granted. 
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
ORDER: October 24, 2014
CBCA 2878
JANE MOBLEY ASSOCIATES, INC.,
                  
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
                                                                                 Respondent.
Ralph C. Thomas III of Barton Baker Thomas & Tolle LLP, McLean, VA, counsel
for Appellant.
Catherine Crow and John S. Tobey, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
McCANN, Board Judge.
ORDER
The General Services Administration (GSA) has moved for partial reconsideration of
the Board’s ruling of July 16, 2014, which concerned GSA’s assertion of the attorney-client
privilege to protect certain communications and documents, and to make redactions to
communications sought through discovery.  GSA’s motion for partial reconsideration alleges
errors of law and fact on the part of the Board.


CBCA 2878 2
We hereby VACATE our ruling of July 16, 2014, to re-examine the issue of attorney-
client privilege as it relates to all the communications, documents, and redactions which
respondent sought to withhold.  
Respondent is ordered to file a privilege log as described in Federal Rule of Civil
Procedure 26(b)(5)(A) that fully addresses the communications, documents, and redactions
that respondent seeks to protect under a claim of attorney-client privilege.  Respondent
should cite authority for protecting each communication, document, and redaction it claims
to be privileged.  Respondent’s privilege log is due to the Board and the opposing party by
no later than Friday, November 7, 2014.  
The parties should attempt to resolve the attorney-client privilege assertions set forth
by respondent without Board involvement.  Judge Patricia J. Sheridan, who is also a panel
member, is assigned as the Discovery Judge authorized to decide any discovery issue that the
parties cannot resolve.  Prior to filing any motion concerning a discovery matter, the parties
shall contact Judge Sheridan and request a telephone conference to discuss the discovery
dispute.
___________________________
R. ANTHONY McCANN
Board Judge
DISMISSED WITH PREJUDICE:  September 17, 2025
CBCA 8380
ADVON CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Matthew T. Schoonover, Matthew P. Moriarty, John M. Mattox II, Ian P. Patterson,
Timothy Laughlin, and Haley M. Sirokman of Schoonover & Moriarty LLC, Olathe, KS,
counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend,
OR, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On September 16, 2025, the parties submitted a joint request for dismissal of this
appeal with prejudice in light of their settlement of the dispute.  The Board commends the
parties on the successful resolution of this matter.  Accordingly, the appeal is DISMISSED
WITH PREJUDICE.
   Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED FOR LACK OF JURISDICTION:  February 8, 2007 
CBCA 627 
FOSTER WHEELER DEVELOPMENT CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF ENERGY, 
Respondent. 
Andrew  D. Ness of Thelen Reid Brown Raysman & Steiner, Washington, DC, counsel 
for Appellant. 
Natal ie Appetta, National Energy Technology Laboratory, Department of Energy, 
Morgantown, WV; and Nancy Toppetta, National Energy Technolog y Laboratory, Department 
of Energy, Pittsburgh, PA, counsel for Respondent. 
DRUMMOND , Board Judge. 
ORDER 
This  appeal arises out of contract number DE-AC21-86MC21023, betwee n respondent, 
the Department of Energy, and appellant, Foster Wh eeler Development Corporation.  The 
contract  involved the research  and development of a Pressurized  Fluidized-Bed Combustion 
Second  Generation System.  On Janu ary 26, 2007, appellant filed this appeal.  Appellant's 
letter  enclosed as an attachment a letter from a c ont racting officer dated October 31, 2006. 
The contracting officer's letter did not include a notice of appeal rights and did not identify 
the letter as a final decision of the contracting officer. 

__________________________ 
          2 CBCA 627
During  a conference convened o n Febru ary 5, 2007, by the Board with the parties, 
appellant  informed the Board that it had not submitted a claim,  certification,  or request which 
could  serve as the basis for a dec ision -- actual or deemed -- of  the contracting officer. 
Appellant  believes the appeal  and final decision are premature, and the Board is not yet  vested 
with  jurisdiction, or at the very least jurisdiction  is so doubtful that it would be inappropriate 
to continue the case before us.  Respondent agrees. Both parties also  agreed  that the appeal 
should  be dismissed without prejudice to appellant's right  to submit to the  contracting officer 
a claim and certification.  
Accordingly,  this Board does not  rea ch the merits of the appeal and the appeal is 
DISMISSED FOR LACK OF JURISDICTION . 
JEROME M DRUMMOND 
Board Judge
DISMISSED WITH PREJUDICE: November 22, 2016
CBCA 4824
ERIK MUGERDICH BALOYAN BARBARA,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Michael J. Gardner and Erik C. Porcaro of Troutman Sanders, LLP, Virginia Beach,
VA, counsel for Appellant.
Dennis J. Gallagher, Sofia M. Vickery, and John W. Cox, Office of the Legal Adviser,
Buildings and Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On November 16, 2016, the parties advised the Board that they had reached a
settlement and requested that this appeal be dismissed.  Accordingly, this appeal is
DISMISSED WITH PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
GRANTED IN PART:  May 14, 2026
CBCA 7346, 7347, 7384
GILBANE-GRUNLEY JOINT VENTURE,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Michael A. Branca and Jennifer L. Harris of Peckar & Abramson, PC, Washington,
DC, counsel for Appellant.
James Scott, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges RUSSELL, VERGILIO, and KANG.
RUSSELL, Board Judge.
On May 11, 2026, the parties filed a joint motion requesting the entry of a stipulated
judgment in appellant’s favor in the amount of $725,000.  Appellant waives any right it may
have under Board Rule 30 or otherwise to seek an award of attorney fees and expenses.  See
Rule 30 (48 CFR 6101.30 (2025)).  Additionally, consistent with the parties’ motion, this
amount is inclusive of interest under the Contract Disputes Act (CDA) through the date of
this decision.  See 41 U.S.C. § 7109 (2024).  The parties have also stipulated that they will
not seek reconsideration of, seek relief from, or appeal the Board’s entry of judgment
awarding the stipulated amount to appellant, see Rule 25(b), and waive all rights of


CBCA 7346, 7347, 7384 2
reconsideration, review, or appeal with respect to this judgment under Board Rules 26, 27,
and 28.
Decision
The appeal is GRANTED IN PART.  Respondent shall pay $725,000 to appellant
in full settlement of CBCA 7346, 7347, and 7384, inclusive of interest under the CDA
through the date of this decision.  Appellant waives any further right it may have to a claim
for recovery as detailed above.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
We concur:
   Joseph A. Vergilio              Jonathan L. Kang          
JOSEPH A. VERGILIO JONATHAN L. KANG
Board Judge Board Judge
____________________________ 
  
 
DISMISSED: September 26, 2011 
CBCA 2486 
L M C PROPERTIES, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Mason Chevaillier of L M C Properties, Inc., Fort Worth, TX, appearing for 
Appellant. 
Helen Y. Kearns, Office of Regional Counsel, General Services Administration, 
Fort Worth, TX, counsel for Respondent. 
McCANN, Board Judge. 
ORDER 
On July 5, 2011, L M C Properties, Inc. appealed the final decision of a General 
Services Administration contracting officer denying its claim under contract number 
GS-07B-16429 for carpet and tile installation in the Fort Worth, Texas, office of the Census 
Bureau. 
On September 23, 2011, appellant informed the Board that it is withdrawing the 
appeal. 
Accordingly, the appeal is DISMISSED . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITHOUT PREJUDICE: October 7, 2010 
CBCA 1921 
MENDELIAN CONSTRUCTION, INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
David Rogers of Mendelian Construction, Inc., Richmond, CA, appearing for 
Appellant. 
Stephen R. Palmer, Office of the Regional Solicitor, Bureau of Reclamation, 
Department of the Interior, Sacramento, CA, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
Mendelian Construction Company (Mendelian) and the U.S. Bureau of Reclamation 
(Reclamation) entered into contract number 05CC201057 for bulkhead gate rehabilitation. 
On December 7, 2009, Mendelian filed a certified claim in the amount of $359,851.14. The 
parties have entered into a settlement agreement settling all issues in this appeal. 
Reclamation has informed the Board that payment has been paid pursuant to the settlement 
agreement, and Mendelian has confirmed by e-mail that it has received payment. Pursuant 
to the settlement agreement Mendelian was to file a motion to dismiss the appeal, which it 
has not done. Reclamation has e-mailed Mendelian inquiring about its filing of the motion
DISMISSED WITH PREJUDICE:  August 23, 2007
 
CBCA 815
 
CHOOSHGAI COMMUNITY SCHOOL,
 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Sampson Martinez, Gallup, NM, counsel for Appellant. 
Keith W. Weaver, Office of the Solicitor, Department of the Interior, Albuquerque, 
NM, counsel for Respondent. 
POLLACK, Board Judge. 
ORDER 
On August 13, 2007, the Board received a joint stipulation from the parties 
concerning the filing of appellant’s notice of appeal in this case.  In that stipulation, the 
parties agreed that appellant’s notice of appeal had not been filed within the statutorily 
prescribed time period required under the Contract Disputes Act, 41 U.S.C. § 606, as it had 
not met the ninety-day limitation. The parties further stipulated that no proper appeal was 
ever filed with the Board and further stipulated that the dismissal would not preclude a 
timely filing at the United States Court of Federal Claims. 

________________________________ 
2 CBCA 815 
In the joint stipulation, the parties asked that the Board dismiss the appeal with 
prejudice. 
To effectuate the parties’ request, this appeal is DISMISSED WITH PREJUDICE. 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE: February 1, 2019
CBCA 5727
YEAROUT INDUSTRIAL, LLC,
Subcontractor, 
v.
LOS ALAMOS NATIONAL SECURITY, LLC,
Contractor.
Sean R. Calvert of Calvert Menicucci, P.C., Albuquerque, NM, counsel for
Subcontractor.
Pablo Prando and Michael Pratt, Office of the Laboratory Counsel, Los Alamos
National Laboratory, Los Alamos, NM; Dennis E. Jontz and Bobbie J. Collins of Lewis Roca
Rothgerber Christie LLP, Albuquerque, NM; Brian W. Shaffer and Michaela Dragalin
Young of Morgan Lewis & Bockius LLP, Philadelphia, PA; and Elise M. Attridge of Morgan
Lewis & Bockius LLP, Washington, DC, counsel for Contractor.
SOMERS, Board Judge (Chair).
ORDER
On December 21, 2018, the parties filed a motion of dismissal with prejudice in the
above-referenced matter.  

CBCA 5727                      2  
In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE.  
    Jeri Kaylene Somers       
JERI KAYLENE SOMERS
Board Judge
__________________________________ 
  
 
DISMISSED: January 20, 2010 
CBCA 2147 
iSYS, LLC, 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
James T. McCubbin, Vice President and Chief Financial Officer of iSYS, LLC, 
McLean, VA, appearing for Appellant. 
Peter G. Hartman, Office of the General Counsel, Department of Homeland Security, 
Washington, DC, counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
On January 10, 2011, the parties filed with the Board a joint status report stating that 
the appellant, iSYS, would withdraw its complaint in this appeal. On January 14, 2011, iSYS 
filed with the Board its request that this appeal be dismissed. The appellant’s request to 
dismiss CBCA 2147 is granted . Accordingly, this appeal is DISMISSED . 
BERYL S. GILMORE 
Board Judge 

2 
.
DISMISSED WITH PREJUDICE: August 12, 2016
CBCA 5177
LEGION CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kristen Schuler Scammon of Torres, Scammon & Day, LLP, Boston, MA, counsel
for Appellant.
Neal S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The Department of Veterans Affairs (VA) contracted with Legion Construction, Inc.
(Legion) for interior renovation and mechanical upgrades to a building at the VA Medical
Center in Jamaica Plain, Massachusetts.  Legion claimed that it is entitled to be paid
$163,842 in compensation for delays to the project caused by the VA.  The contractor
appealed from a deemed denial of the claim.
The parties have now resolved their dispute and settled the case.  Legion moves the
Board, with the VA’s assent, to dismiss the case with prejudice.


CBCA 5177 2
Accordingly, the case is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  January 9, 2009
 
CBCA 808
 
TIISYAAKIN (HOLBROOK) RESIDENTIAL HALL,
 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
R. Gehl Tucker and Leslie McLean of Hufford, Horstman, Mongini, Parnell & 
Tucker, P.C., Flagstaff, AZ, counsel for Appellant. 
Loretta V. Chandler, Office of the Solicitor, Department of the Interior, Albuquerque, 
NM, counsel for Respondent. 
McCANN, Board Judge. 
ORDER 
On July 3, 2007, the appellant filed a notice of appeal of the respondent’s finding and 
determination that disallowed $29,542 of costs incurred through the unauthorized use of a 
credit card.  Appellant has filed a motion to dismiss the appeal, as the parties have reached 
a settlement agreement.  Respondent offers no objection to the motion. 
The motion to dismiss the appeal is granted and the appeal is DISMISSED WITH 
PREJUDICE. 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE:  July 17, 2018
CBCA 5510, 5726
PRIMESTAR CONSTRUCTION, 
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Lori C. Gray of Law Office of Lori Chambers-Gray, P.C., Houston, TX, counsel for
Appellant.  
Rina Martinez and Hillary J. Freund, Office of Chief Counsel, Federal Emergency
Management Agency, Department of Homeland Security, Washington, DC, counsel for
Respondent.
LESTER, Board Judge.
ORDER
On July 16, 2018, the parties filed a joint motion to dismiss these consolidated appeals
with prejudice, notifying the Board that they have settled the disputes underlying them.  The
parties’ motion is granted.  These appeals are DISMISSED WITH PREJUDICE, with each
party to bear its own costs, expenses, and attorney fees.
Harold D. Lester, Jr. 
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: November 6, 2012
CBCA 3031
DAVID EVANS & ASSOCIATES, INC.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Erin F. Austin of David Evans & Associates, Inc., Portland, OR, counsel for
Appellant.
Stephan F. Pereira, Office of Chief Counsel, Federal Transit Administration,
Department of Transportation, Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On October 31, 2012, appellant advised the Board that the dispute in this appeal had
been resolved by a contract modification and requested that this appeal be dismissed with
prejudice.  Accordingly, this appeal is DISMISSED WITH PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
___________________________ 
  
 
DISMISSED: May 3, 2011 
CBCA 1744 
PARKVIEW ENGRAVING LLC, 
Appellant, 
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
 
Respondent. 
Lawrence J. Sklute of Sklute & Associates, Rockville, MD, counsel for Appellant. 
Tracy Downing, Office of the General Counsel, Department of Veterans Affairs, 
Augusta, GA, counsel for Respondent. 
BORWICK , Board Judge. 
ORDER 
By filing of May 2, 2011, appellant has withdrawn its appeal. Pursuant to Rule 12(c), 
this matter is DISMISSED . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED WITH PREJUDICE: April 4, 2019
CBCA 6137
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 the General Counsel, Department of Veterans Affairs, Decatur,
GA; and Donald C. Mobly, Office of the 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 WITHOUT PREJUDICE: March 2, 2021
CBCA 6331
MASTER DESIGN BUILD, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Carter B. Reid and Dominick P. Weinkam of Watt, Tieder, Hoffar & Fitzgerald, LLP,
McLean, VA, counsel for Appellant.
Justin S. Hawkins, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
In accordance with the request of the parties, the Board DISMISSES WITHOUT
PREJUDICE the appeal.
     Joseph A. Vergilio         
JOSEPH A. VERGILIO
Board Judge
GRANTED IN PART:  May 14, 2026
CBCA 6846, 6847, 7123, 7124, 7240, 7383
GILBANE-GRUNLEY JOINT VENTURE,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Michael A. Branca and Jennifer L. Harris of Peckar & Abramson, PC, Washington,
DC, counsel for Appellant. 
James Scott, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges RUSSELL, VERGILIO, and KANG.
RUSSELL, Board Judge.
On May 11, 2026, the parties filed a joint motion requesting the entry of a stipulated
judgment in appellant’s favor in these appeals in the amount of $8,950,000.  Appellant
waives any right it may have under Board Rule 30 or otherwise to seek an award of attorney
fees and expenses.  See Rule 30 (48 CFR 6101.30 (2025)).  Additionally, consistent with the
parties’ motion, this amount is inclusive of interest under the Contract Disputes Act (CDA)
through the date of this decision.  See 41 U.S.C. § 7109 (2024).  The parties have also
stipulated that they will not seek reconsideration of, seek relief from, or appeal the Board’s
entry of judgment awarding the stipulated amount to appellant, see Rule 25(b), and waive all


CBCA 6846, 6847, 7123, 7124, 7240, 7383 2
rights of reconsideration, review, or appeal with respect to this judgment under Board Rules
26, 27, and 28.
Decision
The appeal is GRANTED IN PART.  Respondent shall pay $8,950,000 to appellant
in full settlement of CBCA 6846, 6847, 7123, 7124, 7240, and 7383, inclusive of interest
under the CDA through the date of this decision.  Appellant waives any further right it may
have to a claim for recovery as detailed above.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
We concur:
   Joseph A. Vergilio              Jonathan L. Kang          
JOSEPH A. VERGILIO JONATHAN L. KANG
Board Judge Board Judge
DISMISSED WITH PREJUDICE: September 20, 2019
CBCA 6365
T.K. HUGHES AUTO SALES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Thurman K. Hughes, President of T.K. Hughes Auto Sales, Inc., Richmond, VA,
appearing for Appellant.
Stephen T. O’Neal, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
On September 19, 2019, the parties filed a notice of settlement and request for
dismissal in the above-referenced matter.  The request is granted.  This appeal is
DISMISSED WITH PREJUDICE.
    Jeri Kaylene Somers       
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: August 13, 2018
CBCA 6014
CONTINENTAL MORTGAGE & INVESTMENT CORPORATION,
Appellant,
v.
COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE
DISTRICT OF COLUMBIA,
Respondent.
Roy L. Kaufman and Jeremy D. Camacho of Jackson & Campbell, P.C., Washington,
DC, counsel for Appellant.
Marvelle L. Butler and Willis J. Stamps, II, Office of the General Counsel, Court
Services and Offender Supervision Agency for the District of Columbia, Washington, DC,
counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of the parties’ joint status report, filed on August 13, 2018, 
requesting that the appeal be dismissed with prejudice.  The parties state that a settlement has
been executed and appellant has received the settlement funds.  


CBCA 6014 2
In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE.  
Marian E. Sullivan 
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: September 27, 2021
CBCA 7151
RICE SOLUTIONS, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Daniel Rice, Chief Operating Officer of Rice Solutions, LLC, Plymouth, NH,
appearing for Appellant.
Kevin Misener and Terrius D. Greene, Office of the General Counsel, Department of
Health and Human Services, Washington, DC; and James Cribari, Office of the General
Counsel, Department of Health and Human Services, 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:  September 5, 2017
CBCA 5498
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Donald J. Walsh of Wright, Constable & Skeen, L.L.P., Baltimore, MD, counsel for
Appellant.
Tami S. Hagberg and Richard G. Bergeron, Office of the General Counsel,
Department of Health and Human Services, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this appeal and jointly request dismissal.  Accordingly, the appeal
is DISMISSED WITH PREJUDICE.
______________________________
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: October 20, 2011 
CBCA 2327 
BROOKSTONE EMERGENCY SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Brett W. Johnson and Daniel P. Wierzba of Snell & Wilmer, LLP, Phoenix, AZ, 
counsel for Appellant. 
Jean Hardin and KalMarie Rawald, Office of the Chief Counsel, Federal Emergency 
Management Agency, Department of Homeland Security, Washington, DC, counsel for
 
Respondent.
 
SHERIDAN , Board Judge.
 
ORDER 
On October 19, 2011, the parties indicated that the above-captioned matter had been 
settled and filed a joint motion to dismiss with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE: April 23, 2015
CBCA 3563
FIRST PRESTON MANAGEMENT, INC.,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
J. Alex Ward and Ethan E. Marsh of Jenner & Block LLP, Washington, DC, counsel
for Appellant.
Todd P. Maiberger, Blythe I. Rodgers, Jonathan E. English, and Julie K. Cannatti,
Office of General Counsel, Department of Housing and Urban Development, Washington,
DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On October 7, 2013, the Board received a notice of appeal from First Preston
Management, Inc. concerning its contracts, C-OPC-23675 and C-OPC-23677, with the
Department of Housing and Urban Development.  Following the denial of cross-motions for
summary relief, First Preston Management, Inc. v. Department of Housing and Urban
Development, CBCA 3563, 14-1 BCA ¶ 35,643, the parties completed discovery and
resolved the dispute.  Pursuant to a motion for voluntary dismissal, received on April 21,
2015, the Board DISMISSES WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: September 7, 2011 
CBCA 2441 
INTERIMAGE, INC., 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
Jacob B. Pankowski and William M. Jack of Greenberg Traurig, LLP, 
Washington, DC, counsel for Appellant. 
Ralph G. Bittelari and Nathan E. Mires, Office of Chief Counsel, Bureau of 
Alcohol, Tobacco, Firearms and Explosives, Department of Justice, Washington, DC, 
counsel for Respondent. 
BORWICK , Board Judge. 
ORDER 
This appeal relates to a claim submitted by InterImage, Inc. on December 8, 2010, 
in connection with task order DJA07B000585, issued under contract no. CM1301-05-CT­
0009, for software development technical support to the Department of Justice, Bureau of 
Alcohol, Tobacco, Firearms and Explosives. InterImage claimed that respondent 
breached the contractually required procedures detailed in a quality assurance surveillance 
plan for making incentive-fee determinations under the task order, resulting in damages in 
the amount of $109,979.90, plus interest. On March 31, 2011, the contracting officer 
issued a final decision, denying InterImage’s claim in full. On May 27, 2011, InterImage 
filed a notice of appeal with the Civilian Board of Contract Appeals. 

 
              
            
              
           
              
       
            
          
              
  
____________________________  
                           
                           
2 CBCA 2441 
On July 26, 2011, the parties entered into a settlement agreement to settle and fully 
resolve InterImage’s claim. The parties agreed that respondent would make payment, in 
full satisfaction of interImage’s claim, in the amount of $80,000 within thirty days of the 
agreement. Furthermore, a contract modification would be issued indicating an $80,000 
payment to InterImage. On August 3, 2011, the parties issued the modification. On 
August 24, 2011, InterImage received the $80,000 payment. 
On September 6, 2011, the Board received a joint motion requesting an order 
incorporating the terms of the settlement and dismissing appellant’s appeal with 
prejudice. Pursuant to the agreement of the parties, and Rule 12(c), this appeal is 
DISMISSED WITH PREJUDICE . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED WITH PREJUDICE: November 1, 2012 
CBCA 2645, 2850 
ICRC SOLUTIONS a subsidiary of VSE CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF TRANSPORTATION, 
Respondent. 
Raymond H. Royce of Royce & Brain, Anchorage, AK; and Thomas Kiernan of VSE 
Corporation, Alexandria, VA, counsel for Appellant. 
Ryan M. Kabacinski and Bernard J. McShane, Office of Chief Counsel, Maritime 
Administration, Department of Transportation, Washington, DC, counsel for Respondent. 
McCANN, Board Judge. 
ORDER 
Appellant and respondent have jointly moved to dismiss these appeals with prejudice. 
They have indicated that they have entered into a negotiated contract adjustment that settled 
all of the outstanding disputes between the parties. 
Accordingly, these appeals are hereby DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE:  March 8, 2024
CBCA 7803
DESERT STAR SYSTEMS LLC,
Appellant,
v.
DEPARTMENT OF COMMERCE,
Respondent.
Marco Flagg, Chief Executive Officer of Desert Star Systems LLC, Marina, CA,
appearing for Appellant.
Jonathan S. Baker, Office of the General Counsel, Department of Commerce,
Gaithersburg, MD, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On March 6, 2024, the appellant submitted, with the concurrence of the respondent,
a request for dismissal of the captioned appeal in light of the parties’ resolution of the
dispute.  The Board commends the parties on the successful resolution of this matter. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: September 18, 2017
CBCA 5120, 5280, 5402
CSSI FIRST LINE JV 1,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
David R. Warner, Barbara S. Kinosky, and Heather Mims of Centre Law &
Consulting, LLC, Tysons Corner, VA, counsel for Appellant.
Ross Dembling and Michael Kiffney, Office of Chief Counsel, Transportation
Security Administration, Department of Homeland Security, Arlington, VA, counsel for
Respondent.
VERGILIO, Board Judge.
ORDER
These three consolidated cases involve a terminated-for-default contract, HSTS05-14-
C-SPP039, between CSSI First Line JV 1 (contractor) and the Department of Homeland
Security, Transportation Security Administration (agency).  The contractor provided security
screening services at airports.  The contractor both contests the termination for default and
the assessment of excess reprocurement costs, and seeks compensatory damages and other
relief.  With the assistance of Board Judge Goodman as a mediator, the parties resolved these
disputes.  In accordance with a joint request these cases are DISMISSED WITH
PREJUDICE.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE:  April 3, 2009 
CBCA 49 
LEONARD GREENE, 
Appellant, 
v. 
DEPARTMENT OF HOMELAND SECURITY, 
Respondent. 
Donna U. Grodner and Charlotte C. McDaniel McGehee of Grodner & Associates, 
Baton Rouge, LA, counsel for Appellant. 
Jean  Hardin, Office of Chief Counsel, Federal Emergency Management Agency, 
Department of Homeland Security, Washington, DC; and  Kenneth V. Faherty, Office of 
Chief Counsel, Federal Emergency Management Agency, Department of Homeland Security, 
New Orleans, LA, counsel for Respondent. 
STERN , Board Judge. 
ORDER 
Leonard Greene filed an appeal from the denial of his claim for $127,050 in lease 
payments from the Department of Homeland Security, Federal Emergency Management 
Agency (FEMA), relating to his lease of mobile home lots in Louisiana to FEMA.  
The Board conducted an alternative dispute resolution proceeding that led to a 
resolution of all issues in the appeal.  Appellant moves to dismiss the case based on the 
settlement agreement.  The motion is granted.  

                                                                                                                                        
_____________________________ 
2 CBCA 49 
The appeal is DISMISSED WITH PREJUDICE .
 
JAMES L. STERN 
Board Judge
DISMISSED WITH PREJUDICE:  August 9, 2007 
CBCA 562, 563 
AVINO CONSTRUCTION, INC., 
Appellant, 
v.
 
DEPARTMENT OF AGRICULTURE,
 
Respondent. 
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant. 
Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, 
GA, counsel for Respondent. 
POLLACK , Board Judge. 
ORDER 
These appeals arise out of separate final decisions, each on a separate contract 
between Avino Construction, Inc. and the Department of Agriculture, Forest Service (FS), 
Francis Marion & Sumter National Forests.  Avino sought funds being withheld by the FS 
on the contracts, the FS contending that it was entitled to the sums due to forbearing in 
default proceedings and allowing Avino to continue work beyond the contract end date.  The 
Board was initially advised by letter dated February 27, 2007, that the appellant was 
prepared to dismiss the case on the basis of a settlement with the FS.  Issues relating to the 
verification of payment, however, arose and the Board held off on dismissal.  On August 8, 
2007, the Board was advised in a telephone conference that the settlement has been paid and 
the parties have agreed that the appeals be dismissed with prejudice. 

___________________________ 
2 CBCA 562, 563
 
Accordingly, the appeals are DISMISSED WITH PREJUDICE .
 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE: December 15, 2011 
CBCA 2271, 2272 
RUBY INVESTMENTS, INC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Derrick Chang, Vice President of Ruby Investments, Inc., Anchorage, AK, appearing 
for Appellant. 
Richard O. Hughes, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
DANIELS, Board Judge (Chairman). 
ORDER 
The General Services Administration (GSA) leased from Ruby Investments, Inc. 
(Ruby) space in a building owned by Ruby in Anchorage, Alaska. Ruby claimed that it built 
out the space on an expedited basis, at GSA’s direction, and in so doing incurred costs which 
it would not have incurred had the agency not given the direction. Ruby demanded payment 
of $10,769.69 under the lease for one portion of the building and $20,536.28 under the lease 
for another portion. The contracting officer denied both claims, and Ruby appealed from his 
decisions. 

  
              
               
     
         
__________________________________ 
  
 
2 CBCA 2271, 2272 
The parties have reached a voluntary settlement in both of the cases, and Ruby has 
received the agreed-upon payment from GSA. Ruby has now asked that the cases be closed 
and removed from the Board’s docket. 
Accordingly, the Board DISMISSES THE CASES WITH PREJUDICE to their 
reinstatement. 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE: August 1, 2019
CBCA 6345
NORTHSTAR FEDERAL SERVICES, INC.,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Gregory G. DiCarlo, Vice President & General Counsel of NorthStar Group Services,
Inc., Trumbull, CT, counsel for Appellant.
William Mayers, Office of the General Counsel, National Nuclear Security
Administration, Department of Energy, Albuquerque, NM; and Ashley K. Tellier, Office of
the General Counsel, National Nuclear Security Administration, Department of Energy,
Washington, DC, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On July 24, 2019, the parties filed a joint motion to dismiss this appeal with prejudice,
advising that the parties had successfully resolved the disputes at issue in the appeal.  The
Board commends the parties on their settlement, and consistent with the parties’ motion and
Board Rule 12(b)(2), this appeal is DISMISSED WITH PREJUDICE. 
   Beverly M. Russell       
BEVERLY M. RUSSELL
Board Judge
GRANTED IN PART: September 13, 2007 
CBCA 707 
MANAGEMENT STRATEGIES, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Meeta Reddy, President, and Mahesh Reddy, Vice President-Development, of 
Management Strategies, Inc., Bridgeport, CT, appearing for Appellant. 
Tony A. Ross, Office of the General Counsel, Department of Veterans Affairs, 
Washington, DC, counsel for Respondent. 
Before Board Judges VERGILIO and KULLBERG. 
KULLBERG, Board Judge. 
Management Strategies, Inc. (MSI or appellant) submitted a claim dated February 23, 
2007, in the amount of $57,573.38 under contract no. V00241C-00090, Spinal Cord Injury 
Rehabilitation Research and Development Center, Veterans Administration Medical Center, 
West Haven, CT.  The contracting officer’s April 11, 2007, decision denied the claim, and 
MSI timely appealed the denial of its claim to this Board.  MSI requested that the Board 

 
   
  
 
     
 
     
     
  
     
  
  
 
    
______________________ 
______________________ 
2 CBCA 707 
decide this appeal under its accelerated procedures. 1 Rule 53 (72 Fed. Reg. 36,794, 36,808 
(July 5, 2007)).  A hearing of this appeal was held on July 24, 2007, in New Haven, 
Connecticut.  
On September 6, 2007, the parties filed with the Board a joint motion for judgment 
on a stipulated settlement. The parties’ motion requested that the Board enter judgment “in 
the amount of $44,000.00, as full and complete compensation for all costs, direct and 
indirect, including but not limited to impact, on both changed and unchanged work, and 
attorney’s fees and all interest . . . .”  The parties have stipulated that they will not seek relief 
from or reconsideration of the Board’s decision and that they will not appeal the Board’s 
decision. 
A copy of the settlement agreement executed by the parties was attached to their joint 
motion. The settlement agreement provided that payment would be made from the judgment 
fund.  Although the settlement agreement at paragraph four made reference to the parties’ 
agreement that this appeal could be dismissed with prejudice, the parties were advised in a 
conference call on September 6, 2007, that the Board would not dismiss this appeal with 
prejudice in that the parties were also requesting that this Board enter a judgment for the 
amount of the settlement.  Board’s Conference Memorandum (Sept. 10, 2007) at 2. 
Decision 
The Board adopts the parties’ settlement agreement, and this appeal is GRANTED 
IN PART .  Appellant is awarded $44,000 to be paid from the permanent indefinite judgment 
fund.  31 U.S.C. § 1304 (2000).  
H. CHUCK KULLBERG 
Board Judge 
I concur: 
JOSEPH A. VERGILIO 
Board Judge 
1 MSI cited Rule 203 of the rules of the former General Services Administration 
Board of Contract Appeals in its notice of appeal.
_____________________________ 
  
 
DISMISSED WITH PREJUDICE: May 25, 2010 
CBCA 1556 
STAR CITY FEDERAL, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Walter A.I. Wilson and Daniel J. Donohue of Husch Blackwell Sanders, LLP, 
Washington, DC, counsel for Appellant. 
Leonard E. Lucas III, Office of  General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
HYATT , Board Judge. 
ORDER 
This appeal arises from lease contract number GS-06P-39062, which was awarded to 
appellant, Star City Federal, LLC, by the General Services Administration. Star City 
Federal’s claim asserted entitlement to an equitable adjustment for certain recurring costs 
incurred under the lease.  On May 20, 2010, Star City Federal notified the Board that it was 
withdrawing the appeal with prejudice to its renewal. Accordingly, this appeal is 
DISMISSED WITH PREJUDICE . 
CATHERINE B. HYATT 
Board Judge
DISMISSED WITH PREJUDICE: May 24, 2023
CBCA 7148
MILCON CONSTRUCTION, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
William B. Kingman of Law Offices of William B. Kingman, P.C., San Antonio, TX,
counsel for Appellant.
James F. H. Scott, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
Pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2021)), the case is
DISMISSED WITH PREJUDICE.
Joseph A. Vergilio
JOSEPH A. VERGILIO
Board Judge
GRANTED IN PART: September 14, 2007 
CBCA 387, 388, 399 
TURNER CONSTRUCTION COMPANY, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Richard L. Abramson and Patrick J. Greene, Jr., of Peckar & Abramson, River Edge, 
NJ, counsel for Appellant. 
Thomas Y. Hawkins, Robert M. Notigan, and Richard Hughes, Office of General 
Counsel, General Services Administration, Washington, DC; and Michael DeChiara, 
Matthew S. Quinn, Christopher P. McCabe, Michael J. Vardaro, and Michelle Fiorito of 
Zetlin & DeChiara LLP, New York, NY, counsel for Respondent. 
Before Board Judges BORWICK, HYATT , and DeGRAFF . 
BORWICK,  Board Judge. 
These appeals involve claims for remission of liquidated damages, equitable 
adjustment, breach, and rescission filed by appellant, Turner Construction Company, arising 
from its contract with respondent General Services Administration for the construction of the 
United States Courthouse and Federal Building, Islip, New York.  
The appeals were originally filed at the General Services Board of Contract Appeals 
(GSBCA) as GSBCA 15502, 16055, and 16551.  On January 6, 2007, pursuant to section 847 
of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. No. 109-163, 119 

 
 
 
   
__________________________ 
_______________________________ ________________________________ 
2 CBCA 387, 388, 399 
Stat. 3391, the GSBCA was terminated and its cases, personnel, and other resources were 
transferred to the newly-established Civilian Board of Contract Appeals (CBCA).  The 
appeals were re-docketed as CBCA 387, 388, and 399.  
Pursuant to Board Rule 25(b), the parties have submitted a joint settlement stipulation 
setting forth the award in the amount of $26,500,000 inclusive of interest under the Contract 
Disputes Act, 41 U.S.C. §§ 601-613.  The parties state that the parties 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 $26,500,000 inclusive of 
interest under the Contract Disputes Act.  
ANTHONY S. BORWICK 
Board Judge 
We concur: 
CATHERINE B. HYATT MARTHA H. DeGRAFF 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: June 12, 2018
CBCA 5090
BRYAN CONCRETE & EXCAVATION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Bradley W. Andersen and Timothy J. Calderbank of Landerholm, P.S., Vancouver,
WA, counsel for Appellant.
Mary A. Mitchell, Department of Veterans Affairs, Houston, TX; and Brian R. Reed,
Department of Veterans Affairs, Farmland, IN, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
On June 12, 2018, the parties filed a joint motion to dismiss this appeal with prejudice
pursuant to Board Rule 12(c), 48 CFR 6101.12(c)(2017).  The motion is granted and this
appeal is DISMISSED WITH PREJUDICE.  
    Jeri Kaylene Somers       
JERI KAYLENE SOMERS
Board Judge
_________________________ 
DISMISSED WITH PREJUDICE:  August 15, 2007
 
CBCA 22
 
DEANNA, INC. d/b/a WAY TO GO TRANSPORTATION,
 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Victor Hawk, Augusta, GA, counsel for Appellant. 
Merilee D. Rosenberg, Philip Kauffman, and Phillipa L. Anderson, Office of the 
General Counsel, Department of Veterans Affairs, Washington, DC, counsel for 
Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have filed with the Board a joint motion to dismiss with prejudice and an 
executed settlement agreement.  The parties state that they have reached agreement on all 
matters and claims raised in this appeal. 
Pursuant to the agreement of the parties, this appeal is DISMISSED WITH 
PREJUDICE. 
RICHARD C. WALTERS 
Board Judge
___________________________ 
  
 
DISMISSED WITH PREJUDICE: July 30, 2010 
CBCA 1715, 1896 
G. E. FORESTRY, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
David P. Rossmiller of Dunn Carney Allen Higgins & Tongue LLP, Portland, OR, 
counsel for Appellant. 
John Eichhorst, Office of the General Counsel, Pacific Region, Department of 
Agriculture, San Francisco, CA, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
On July 30, 2010, appellant filed a motion to dismiss these appeals in accordance with 
the parties’ settlement agreement and requested that the appeals be dismissed with prejudice. 
Accordingly, these appeals are DISMISSED WITH PREJUDICE. 
JERI KAYLENE SOMERS 
Board Judge
GRANTED IN PART:  November 27, 2017
CBCA 5760
SFM CONSTRUCTORS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Colin K. McCarthy of Lanak & Hanna, PC, Orange CA, counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
Before Board Judges SOMERS, SULLIVAN, and O’ROURKE.
SOMERS, Board Judge.
On November 21, 2017, the parties submitted to the Board a joint motion for
judgment on stipuated settlement.  The parties requested that the Board enter judgment in the
amount of $225,000, with payment to be made through the judgment fund in accordance with
31 U.S.C. § 1304 (2012) and 41 U.S.C. § 7108.  See Rule 25(b) (48 CFR 6101.25(b) (2016)). 
The parties have agreed that they will not seek appeal of, reconsideration of, or relief from
the Board’s decision, and that each party will be responsible for its costs, attorney fees, and
expenses incurred in the litigation of this appeal.  Additionally, the parties have stipulated,
in accordance with the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109, that interest
on the amount of $225,000 will being to accrue on the thirty-first day after the date of this
decision is payment has not been received.  


CBCA 5760 2
Decision
The Board GRANTS IN PART the appeal.  In accordance with the parties’ joint
motion, the Board awards appellant SFM Constructors, Inc., the stipulated settlement amount
of $225,000, with CDA interest beginning to accrue on that amount on the thirty-first day
after the date of this decision if payment is not received by that date.  Rule 25(b).   
___________________________
JERI K. SOMERS
Board Judge
We concur: 
______________________________ ___________________________
MARIAN E. SULLIVAN KATHLEEN J. O’ROURKE
Board Judge Board Judge
DISMISSED WITH PREJUDICE: March 19, 2014
CBCA 3702, 3705, 3706, 3707
HOMELAND SECURITY CONSTRUCTION CORP.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Victor G. Klingelhofer and Andrew K.Wible of Cohen Mohr LLP, Washington, DC,
counsel for Appellant.
Ricarto Brazela, Office of General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
WALTERS, Board Judge.
ORDER
The Board has been advised that the parties have resolved the matters in dispute under
CBCA 3702, 3705, 3706, and 3707.  Appellant has requested that those appeals be dismissed
with prejudice.  Accordingly, the appeals hereby are DISMISSED WITH PREJUDICE. 
_______________________
RICHARD C. WALTERS
Board Judge
DISMISSED:  May 10, 2010 
CBCA 1817 
THE CFIDS ASSOCIATION OF AMERICA, 
Appellant, 
v.
 
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 
Respondent. 
Frank S. Swain of Baker & Daniels LLP, Washington, DC, counsel for Appellant. 
Scott C. Briles and Lorraine Hoffman-Polk, Office of the General Counsel, 
Department of Health and Human Services, Atlanta, GA, counsel for Respondent. 
DANIELS,  Board Judge (Chairman). 
ORDER 
The CFIDS Association of America (CFIDS) appealed a Department of Health and 
Human Services (DHHS) contracting officer’s final decision asserting that CFIDS overbilled 
the Government in the amount of $267,975.29 under a contract for the development and 
implementation of public awareness methods that improve detection, diagnosis, and 
treatment of chronic fatigue syndrome. 
CIFDS has now moved the Board to dismiss the appeal, stating that the parties have 
agreed on equitable adjustments and a plan for possible additional adjustments after indirect 
rate finalization for 2009 by DHHS. 

 
__________________________________ 
2 CBCA 1817
 
Accordingly, the appeal is DISMISSED.
 
STEPHEN M. DANIELS 
Board Judge