GRANTED IN PART:  July 16, 2015
CBCA 2951, 3445, 3539, 3558, 3884
KEPA SERVICES, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William L. Bruckner and Nicholas A. Arcamone of Bruckner Law Firm, APC, San
Diego, CA; and Timothy F. Noelker and Scott F. Lane of Thompson Coburn LLP, St. Louis,
MO, counsel for Appellant.
Cecily Chambliss, Office of General Counsel, Department of Veterans Affairs,
Washington, DC; and Helen S. Henningsen, Office of General Counsel, Department of
Veterans Affairs, Milwaukee, WI, counsel for Respondent.
Before Board Judges VERGILIO, POLLACK, and LESTER.
LESTER, Board Judge.
On or about August 4, 2010, the Department of Veterans Affairs (VA) awarded
contract no. VA101CFM-C-0093 to appellant, Kepa Services, Inc. (Kepa), to improve and
expand the Abraham Lincoln National Cemetery in Elwood, Illinois.  The cemetery
expansion involved the development of twenty acres, including but not limited to the

CBCA 2951, 3445, 3539, 3558, 3884 2
provision of 12,122 pre-placed crypts, 325 conventional grave sites, 2677 cremains burial
sites, and 6584 columbarium niches for cremains.  Cemetery improvements included
walkways, site furnishings, grading, drainage, fencing, landscaping, a utility distribution
system, and the removal and replacement of roadways and a main entrance gate.
During and following performance of the contract, Kepa submitted several claims to
the contracting officer seeking monetary compensation from the VA, and Kepa subsequently
appealed the contracting officer’s decisions denying those claims to the Board.  Those
appeals include those docketed at the Board as CBCA 2951, 3445, 3539, 3558, and 3884.
The parties subsequently engaged in mediation, through which they successfully
resolved, in their entirety, all of the claims at issue in CBCA 2951, 3445, 3558, and 3884 and
three specific claims – the Blodgett Road claim, the Shelter D Battery Ventilation claim, and
the Irrigation at Columbaria claim – at issue in CBCA 3539 (collectively, the “Resolved
Claims”).  In the settlement agreement dated July 8, 2015, a copy of which has been filed
with the Board, the parties ask the Board to issue a decision making a stipulated award on
the Resolved Claims in Kepa’s favor in the amount of $375,000, with interest to run at rates
prescribed by the Contract Disputes Act (CDA), 41 U.S.C. § 7109 (2012), beginning
September 1, 2015, if the Judgment Fund has not paid the stipulated amount by that date. 
The parties further stipulate that they will not seek reconsideration of or relief from, and will
not appeal, the Board’s decision awarding the stipulated amount.
By motion dated July 9, 2015, the parties jointly requested that the Board issue a
decision awarding the stipulated amount of $375,000 covering the Resolved Claims.
Decision
The appeals in CBCA 2951, 3445, 3539, 3558, and 3884 are GRANTED IN PART. 
The Department of Veterans Affairs shall pay $375,000, inclusive of interest, to Kepa in full
settlement of the Resolved Claims, with each party to bear its own attorney fees and
expenses.  This payment may be made from the permanent indefinite judgment fund, 31
U.S.C. § 1304.  If this amount is not paid by September 1, 2015, there shall be added to it
interest, at rates prescribed by the CDA, beginning on September 1, 2015, and ending on the
date of payment.
This decision resolves CBCA 2951, 3445, 3558, and 3884 in their entirety.  This
decision also resolves the three previously referenced claims in CBCA 3539 in their entirety,
but Kepa’s additional claims in CBCA 3539 – the New Gas Line claim, the Washington-
Madison claim, the Hoff Road claim, and the Extended Generator claim – remain pending
before the Board for further adjudication.

CBCA 2951, 3445, 3539, 3558, 3884 3
________________________________
HAROLD D. LESTER, JR.
Board Judge
We concur:
________________________________ ________________________________
JOSEPH A. VERGILIO HOWARD A. POLLACK
Board Judge Board Judge