Kmisener/CBCA_Full huggingface dataset:
DISMISSED WITH PREJUDICE: December 9, 2011 
CBCA 2148 
BEN FITZGERALD REAL ESTATE SERVICE, L.L.C. 
d/b/a ROSEMARK, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Diana Parks Curran of Curran Legal Services Group, Inc., Duluth, GA, counsel for 
Appellant. 
Richard O. Hughes, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
The parties in this appeal elected to proceed with alternative dispute resolution (ADR) 
with a Board Judge serving as ADR neutral. They have filed a joint motion to dismiss the 
appeal, stating that the appeal has been fully settled and requesting a dismissal with 
prejudice.  

    
________________________________ 
  
 
2 CBCA 2148 
In accordance with the parties’ request, the appeal is DISMISSED WITH 
PREJUDICE. 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE:  July 20, 2023
CBCA 7773
TALON VETERAN SERVICES, INC. dba FAR GROUP,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Dror Lewy, General Counsel of Talon Veteran Services, Inc. dba FAR Group,
Richmond, VA, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On July 18, 2023, the parties jointly moved to dismiss the above-captioned appeal
with prejudice, after the successful execution of a settlement agreement.  The parties stated
that all claims under this appeal have been resolved in their entirety.  The motion is granted. 
The appeal is DISMISSED WITH PREJUDICE. 
     Patricia J. Sheridan     
PATRICIA J. SHERIDAN
Board Judge
____________________________________ 
DISMISSED WITH PREJUDICE:  March 17, 2010 
CBCA 1390, 1822 
MWH AMERICAS, INC., 
Appellant, 
v. 
AGENCY FOR INTERNATIONAL DEVELOPMENT, 
Respondent. 
Steven M. Masiello and Arash Heidarian of McKenna Long & Aldridge LLP, Denver, 
CO, counsel for Appellant. 
John B. Alumbaugh and Elizabeth Ransom Jerke, Office of the General Counsel, 
Agency for International Development, Washington, DC, counsel for Respondent. 
GILMORE , Board Judge. 
ORDER 
On March 16, 2010, the parties filed a joint motion to dismiss with prejudice, along 
with an executed settlement agreement, advising that the parties had settled these appeals. 
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
BERYL S. GILMORE 
Board Judge
DISMISSED WITH PREJUDICE:  January 7, 2026
CBCA 7633, 7777, 8144
ADVON CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Matthew T. Schoonover, Matthew P. Moriarty, John M. Mattox II, Ian P. Patterson,
and Timothy Laughlin of Schoonover & Moriarty LLC, Olathe, KS; and Allison Geewax of
Smith, Currie & Hancock LLP, Tysons, VA, counsel for Appellant.
Laetitia Coleman, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
KANG, Board Judge.
On January 6, 2026, the parties moved to dismiss these appeals with prejudice based
on their settlement agreement.  Pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)),
these appeals are DISMISSED WITH PREJUDICE.
    Jonathan L. Kang         
JONATHAN L. KANG
Board Judge
DISMISSED WITH PREJUDICE:  January 24, 2018
CBCA 5078
ACT, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Veronica A. Williams, President of ACT, Inc., South Orange, NJ, appearing for
Appellant.
Jaron E. Chriss, Office of Regional Counsel, General Services Administration,
Atlanta, GA, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On January 24, 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
Board Judge
DISMISSED WITH PREJUDICE: January 9, 2020
CBCA 6134
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 C. 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: November 20, 2019
CBCA 6299
THUNDERCAT TECHNOLOGY, LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Timothy B. Hyland of Hyland Law PLLC, Reston, VA, counsel for Appellant.
Lisa Buechler, Office of the Solicitor, Department of the Interior, Lakewood, CO,
counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of the parties’ joint motion to dismiss, filed on
November 18, 2019.  The parties have fulfilled their settlement obligations and request that
the Board dismiss this appeal with prejudice.    


CBCA 6299 2
In accordance with the parties’ request, this appeal is DISMISSED WITH
PREJUDICE.    
                         
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  August 7, 2025
CBCA 8222, 8424
HERNANDEZ CONSULTING INC. dba
HERNANDEZ CONSULTING & CONSTRUCTION
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Paul W. Pritchett of Pritchett Legal Services, LLC, New Orleans, LA, 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 6, 2025, the parties advised the Board that they had reached a settlement
and requested that these appeals be dismissed.  Accordingly, these appeals are DISMISSED
WITH PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE: January 9, 2020
CBCA 6140
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 C. 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:  July 3, 2024
CBCA 8006
UNITED SAFETY TECHNOLOGY, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Brian G. Walsh, Tracye Winfrey Howard, Jennifer Eve Retener, and Morgan W.
Huston of Wiley Rein LLP, Washington, DC, counsel for Appellant.
Anastasia M. Snyderman, Tami Hagberg, Graeme Henderson, and Keric Clanahan,
Office of the General Counsel, Department of Health and Human Services, Washington, DC,
counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On July 2, 2024, appellant, United Safety Technology, Inc., moved to dismiss this
appeal with prejudice in accordance with Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)). 
Respondent, Department of Health and Human Services, does not object to the motion.  The
motion is granted, and this appeal is DISMISSED WITH PREJUDICE.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
DISMISSED: August 19, 2020
CBCA 6034
TERACORE, INC., 
Appellant,
v.
 
DEPARTMENT OF AGRICULTURE,
Respondent.
Timothy A. Furin of Ward & Berry, PLLC, Washington, DC, counsel for Appellant.
Melissa D. McClellan, Office of the General Counsel, Department of Agriculture,
Washington, DC, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On August 18, 2020, the parties filed a joint stipulation of voluntary dismissal with
prejudice, advising that the parties had successfully settled this appeal.  The Board
commends the parties on their settlement, and consistent with the parties’ stipulation and
Board Rule 12(b)(2), this appeal is DISMISSED WITH PREJUDICE. 
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE: July 20, 2016
CBCA 5043
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Baltimore, MD, counsel for Appellant.
David R. Koeppel and Savannah L. Wilson, Office of the Solicitor, Department of
Labor, Washington, DC, counsel for Respondent.
SOMERS, Board Judge.
ORDER
The Board has received the parties’ 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: December 3, 2015 
CBCA 4916
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF THE TREASURY,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Baltimore, MD, counsel for Appellant.
Marianna Lvovsky, Office of Chief Counsel, Internal Revenue Service, Department
of the Treasury, Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The parties have notified the Board that this matter has been resolved and request that
a dismissal with prejudice be entered.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  March 7, 2024
CBCA 7586
SEAWOLF CONSTRUCTION CORP.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John J. Lavin of Lavin & Associates, P.C., Chester, NJ, counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
Pursuant to the joint motion of March 5, 2024, this appeal is DISMISSED WITH
PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
_________________________________ 
                 
     
DISMISSED WITH PREJUDICE: April 17, 2012 
CBCA 2299, 2308, 2309, 2310, 2421, 2471 
DOUGLAS P. FLEMING, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Victor G. Klingelhofer and William J. Bainbridge of Cohen Mohr, LLP, Washington, 
DC, counsel for Appellant. 
Jeanne S. Morris, Office of Regional Counsel, Department of Veterans Affairs, 
Bedford, MA, counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
After these appeals were filed, the undersigned conducted an alternative dispute 
resolution proceeding which resulted in a settlement of all the issues before the Board. The 
appellant now moves to dismiss these appeals. Accordingly, these appeals are DISMISSED 
WITH PREJUDICE . 
CANDIDA S. STEEL 
Board Judge
DISMISSED WITH PREJUDICE: April 30, 2014
CBCA 3685
MACTREE, LLC, 
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Benjamin N. Thompson and Jennifer M. Miller of Wyrick Robbins Yates & Ponton
LLP, Raleigh, NC, counsel for Appellant.
Heather M. Self, Office of the General Counsel, Department of Agriculture, 
Washington, DC, counsel for Respondent.
WALTERS, Board Judge.
ORDER
The appeal is fully settled and the parties have jointly requested that it be dismissed
with prejudice.  Accordingly, the appeal hereby is DISMISSED WITH PREJUDICE.
_______________________
RICHARD C. WALTERS
Board Judge
DISMISSED WITH PREJUDICE: June 6, 2022
CBCA 7264
MICROTECHNOLOGIES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Ron R. Hutchinson of Doyle & Bachman LLP, Arlington, VA, counsel for Appellant.
Kathleen Ramos, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On June 3, 2022, appellant moved to dismiss this appeal, stating that the parties have
settled the dispute and that respondent does not oppose the motion.  Appellant’s motion is
granted.  The appeal is DISMISSED WITH PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
GRANTED IN PART:  March 23, 2007 
CBCA 103 
DuRETTE CONSTRUCTION CO., INC.,   
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Alan I. Saltman of Saltman & Stevens, Washington, DC, counsel for Appellant. 
James J. Ustasiewski, Office of the General Counsel, Department of Agriculture, 
Juneau, AK, counsel for Respondent. 
Before Board Judges POLLACK , DeGRAFF, and McCANN. 
POLLACK, Board Judge. 
This appeal involves a claim for termination for convenience costs of $1,147,019 
(less $108,218 allowed by the contracting officer), as well as an additional $6501.68 claimed 
for settlement expenses.  The partial termination for convenience was on the Orion North 
Roads Contract, number 50-0109-4-0050, between the United States Department of 
Agriculture, Forest Service (FS), Alaska Region, and DuRette Construction Co., Inc., of 
Ward Cove, Alaska. The contract called for the design, construction, and reconstruction of 
approximately forty kilometers of road in the Tongass National Forest, in Southeast Alaska. 

  
 
 
    
      
  
___________________________ 
 
__________________________ ___________________________ 
2 CBCA 103 
The parties have asked the Board to enter a stipulated award.  The parties have 
provided the Board with a signed Stipulation and Request For Decision Granting the 
Appeal.  The stipulation specifies that the parties have agreed to waive all claims relating 
to the contract, and the FS shall pay appellant the sum total of $216,422 only.  The 
stipulation continues that there shall be no additional amount for attorney fees or for interest, 
except that interest calculated pursuant to the Contract Disputes Act, 41 U.S.C.A. § 611 
(2006), will begin to run from sixty days after March 9, 2007.  The parties have further 
stipulated that the decision of the Board will be final and binding upon the parties and not 
subject to further appeal. 
The request of the parties is GRANTED. 
Decision 
Pursuant to the stipulation of the parties and their request, the Board GRANTS the 
appeal IN PART.  Appellant is awarded $216,422, with interest to be paid pursuant to the 
parties’ settlement agreement. 
HOWARD A. POLLACK 
Board Judge 
We concur: 
MARTHA H. DeGRAFF R. ANTHONY McCANN 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: November 1, 2007 
CBCA 80, 630 1 
COMMUNITY RESOURCES FOR JUSTICE,
                                                                         Appellant, 
v. 
DEPARTMENT OF JUSTICE,
                                                                        Respondent. 
Jacob B. Pankowski of Nixon Peabody LLP, Washington, DC, counsel for Appellant. 
Tracey L. Printer, Office of General Counsel, Federal Bureau of Prisons, Department 
of Justice, Washington, DC, counsel for Respondent. 
SOMERS , Board Judge.  
ORDER 
On October 29, 2007, the parties filed a joint stipulation of dismissal requesting that 
the Board dismiss the appeals with prejudice, as the cases have been settled. 
1 CBCA 80 was originally docketed before the Department of Transportation Board 
of Contract Appeals as DOT BCA 4541 and was the subject of an interlocutory decision 
reported at 06-2 BCA ¶ 33,419.  On January 6, 2007, pursuant to section 847 of the National 
Defense Authoriation Act for Fiscal Year 2006, Pub. L. No. 109-163, 119 Stat. 3136, 3393 (2006), 
the case was transferred to this Board and redocketed as CBCA 80. 

______________________ 
     
       
2 CBCA 80, 630 
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WITH PREJUDICE: February 11, 2015
CBCA 3566, 3715
PARTNERSHIP FOR RESPONSE AND RECOVERY, LLP,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Terry L. Elling and Elizabeth N. Jochum of Holland & Knight LLP, McLean, VA,
counsel for Appellant.
Jeffrey D. Webb and C. Jason Bromley, Office of Chief Counsel, Federal Emergency
Management Agency, Department of Homeland Security, Washington, DC, counsel for
Respondent.
VERGILIO, Board Judge.
ORDER
In these appeals concerning task order HSFE02-13-J-0012, issued under contract
HSFE80-12-D-0213, between Partnership for Response and Recovery, LLP, and the Federal
Emergency Management Agency, Department of Homeland Security (agency), the parties
have resolved their disputes.  The agency consents to the contractor’s request that these
appeals be dismissed with prejudice.  The Board DISMISSES WITH PREJUDICE these
appeals.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: January 3, 2008 
CBCA 739 
LOGENIX INTERNATIONAL, L.L.C., 
Appellant, 
v.
 AGENCY FOR INTERNATIONAL DEVELOPMENT, 
Respondent. 
James D. Bachman and Ron R. Hutchinson of Doyle & Bachman, LLP, Arlington, 
VA, counsel for Appellant. 
Peter E. Young, Office of the General Counsel, Agency for International 
Development, Washington, DC, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On May 4, 2007, Logenix International, L.L.C. appealed a deemed denial of its 
Contract Disputes Act claim for $849,478.41 under contract no. 267-0-00-05-00504-00 in 
connection with the alleged nonpayment by the Agency for International Development for 
health care kits. On December 21, 2007, the parties filed a joint motion to dismiss with 
prejudice indicating that they had reached a settlement agreement and requesting that this 
case be dismissed with prejudice.  

______________________________ 
2 CBCA 739 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
___________________________ 
  
 
DISMISSED WITH PREJUDICE: June 28, 2010 
CBCA 1925 
SOUTHERN APPALACHIAN TIMBER, INC. 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Joshua Johns, President of Southern Appalachian Timber, Inc., Jasper, GA, appearing 
for Appellant. 
Jay D. McWhirter, Office of the General Counsel, Department of Agriculture, Atlanta, 
GA, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On June 24, 2010, the parties informed the Board that CBCA 1925 had been resolved 
and jointly moved that the case be dismissed. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE:  August 28, 2025
CBCA 7637, 8074
BEN HOLTZ CONSULTING, INC. dba CALIFORNIA AVOCADOS DIRECT,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Joshua D. Schnell, Rhina M. Cardenal, and Sam Van Kopp of Cordatis LLP,
Arlington, VA, counsel for Appellant.
Elin M. Dugan and Michelle M. Weiner, Office of the General Counsel, Department
of Agriculture, San Francisco, CA, counsel for Respondent.
KANG, Board Judge.
ORDER
By motion filed August 26, 2025, appellant seeks dismissal of these appeals with
prejudice in accordance with the parties’ settlement agreement.
The appeal in CBCA 7637 concerns appellant’s claim for termination costs under
prongs one and two of Federal Acquisition Regulation (FAR) clause 52.212-4 (48 CFR
52.212-4 (2018) (FAR 52.212-4)), Contract Terms and Conditions–Commercial Items
(Oct. 2018), which was incorporated into the contract.  The Board previously granted
respondent’s motion for partial summary judgment with regard to prong one of FAR clause


CBCA 7637, 8074 2
52.212-4 in Ben Holtz Consulting, Inc. dba California Avocados Direct v. Department of
Agriculture, CBCA 7637, 23-1 BCA ¶ 38,463.
Appellant represents that the parties’ settlement agreement fully resolved its claims
in CBCA 8074 and its prong two claim in CBCA 7637.  Appellant further represents that the
settlement agreement also “reserved [appellant’s] right to appeal the Board’s partial summary
decision” in Ben Holtz Consulting, Inc., 23-1 BCA ¶ 38,463, to the Court of Appeals for the
Federal Circuit.
Pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)), the appeals are
DISMISSED WITH PREJUDICE.
    Jonathan L. Kang         
JONATHAN L. KANG
Board Judge
DISMISSED WITH PREJUDICE: March 31, 2017
CBCA 5023
DOUGLAS P. FLEMING, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Fred A. Mendicino and Dylan M. Marck of Faughnan Mendicino PLLC, Dulles, VA,
counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The parties have filed a joint motion to dismiss this case with prejudice.  They settled
the case through mediation conducted by a Board judge.  The parties report that respondent
has made full payment to appellant, pursuant to the settlement agreement.


CBCA 5023 2
Accordingly, the case is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
DISMISSED WITH PREJUDICE: December 16, 2008 
CBCA 1332 
AGENCY LAKE FARMS, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
James J. Gallagher, President of Agency Lake Farms, Chiloquin, OR, appearing for 
Appellant. 
Rebecca E. Harrison, Office of the General Counsel, Department of Agriculture, 
Portland, OR, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
Agency Lake Farms claimed entitlement to a price increase due to differing site 
conditions on a task order issued under a contract with the Department of Agriculture’s 
Forest Service.   The contract was entitled “Ninemile Natural Fuels Reduction” and called 
for work in the Fremont National Forest, Oregon.  A Forest Service contracting officer 
denied the claim, and the contractor appealed. 
The parties have settled their dispute and have filed a joint stipulation for dismissal. 

    
_________________________ 
CBCA 1332 2 
The Board grants the parties’ request by DISMISSING the case WITH 
PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE:  February 29, 2024
CBCA 7565, 7566, 7567
ACUITY ENGINEERING & TECHNICAL SERVICES, LLC
fka MICHAEL BAKER GLOBAL SERVICES, LLC
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Kara L. Daniels and Sonia Tabriz of Arnold & Porter Kaye Scholer LLP,
Washington, DC, counsel for Appellant.
Jeffrey A. Regner, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties advise that the terms of their settlement have been fulfilled and request
dismissal of the appeals with prejudice.  Accordingly, the appeals are DISMISSED WITH
PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: March 4, 2022
CBCA 7230
AITHERAS LLC,
Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION,
Respondent.
Benjamin B. Hankins, Jr., Partner of AITHERAS LLC, Rockville, MD, appearing for
Appellant.
Jessica A. Easton and Derek A. Yeo, Office of General Counsel, Federal
Communications Commission, Washington, DC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On March 4, 2022, the parties filed a joint motion to dismiss the appeal, stating that
the parties have settled their dispute.  Pursuant to their agreement, and consistent with Rule
12(b)(2) (48 CFR 6101.12(b)(2) (2020)), the parties requested dismissal of the appeal with
prejudice.  The Board grants the request.  The appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE:  March 2, 2009 
CBCA 1334, 1335 
MRT HEAVY HAULING, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Tyler M. Cole, Manager of MRT Heavy Hauling, Inc., Albuquerque, NM, appearing 
for Appellant. 
Patricia Leigh Disert, Office of the General Counsel, Department of Agriculture, 
Albuquerque, NM, counsel for Respondent. 
DANIELS, Board Judge (Chairman). 
ORDER 
The Department of Agriculture’s Natural Resources Conservation Service awarded 
to MRT Heavy Hauling, Inc. (MRT) a construction contract for rehabilitation of the Piedra 
Liza Dam near Bernalillo, New Mexico. In performing this contract, MRT filed two claims 
-- one in the amount of $80,448.66, relating to costs allegedly incurred as a result of changes 
to the specifications for reinforced concrete pressure pipe, and the other in the amount of 

   
______________________________ 
2 CBCA 1334, 1335 
$95,119, relating to costs allegedly incurred as a result of improper measurements for 
concrete and inadequate design of slope grades.  The contracting officer denied the first 
claim in full and the second in part.  MRT appealed both of his decisions. 
On February 27, 2009, the parties filed a joint motion to dismiss the appeals, stating 
that the parties have reached a settlement and requesting that the appeals be dismissed with 
prejudice. 
Accordingly, the appeals are DISMISSED WITH PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE:  December 2, 2014
CBCA 3759
BARCON CORPORATION,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Ernest E. Shaver, Phoenix, AZ, counsel for Appellant.
Dawn M. Dickman, Office of the General Counsel, Department of Agriculture,
Albuquerque, NM, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On December 1, 2014, appellant filed a notice to dismiss this appeal, advising the
Board that the parties had successfully settled the appeal.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: May 11, 2020
CBCA 6188, 6312
CROWLEY LOGISTICS, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
James Y. Boland of Venable LLP, Tysons Corner, VA; and Dismas N. Locaria and
Christopher G. Griesedieck of Venable LLP, Washington, DC, counsel for Appellant.
Matthew G. Lane, Office of Chief Counsel, Federal Emergency Management Agency,
Department of Homeland Security, Washington, DC, counsel for Respondent.
LESTER, Board Judge.
ORDER
On May 8, 2020, the parties submitted a joint stipulation of dismissal with prejudice,
representing that they have executed a settlement agreement resolving all outstanding matters
in these consolidated appeals. The parties’ motion is granted. These consolidated appeals
are DISMISSED WITH PREJUDICE.
Harold D. Lester, Jr.
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE: July 15, 2015
CBCA 4640
M. C. AVINO, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Michael C. Avino, President of M. C. Avino, Inc., Northport, NY, appearing for
Appellant.
Mark Machiedo and Arlene Rosen, Office of General Counsel, Department of
Veterans Affairs, Brooklyn, NY, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On July 14, 2015, the Board was advised that the parties had reached a settlement in
this appeal.  Accordingly, this appeal is DISMISSED WITH PREJUDICE.
______________________
H. CHUCK KULLBERG
Board Judge
DISMISSED: December 12, 2013
CBCA 2926, 2927
BROOKS RANGE CONTRACT SERVICES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Kristin E. Zachman and Theodore M. Bailey of Bailey & Bailey, P.C., San Antonio,
TX, counsel for Appellant
Marian Leah Wright, Office of Regional Counsel, General Services Administration,
Auburn, WA, counsel for Respondent.
McCANN, Board Judge.
ORDER
The parties have settled these cases and payment in full has been received by
appellant.  Appellant has moved to dismiss these cases, and respondent has no objection. 
Accordingly, the cases are DISMISSED.  
                                                           
R. ANTHONY McCANN
Board Judge
DISMISSED WITH PREJUDICE: August 22, 2013
CBCA 2593
AERO UNION CORPORATION,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Gerard J. Leimkuhler, Managing Partner of Berwyn Capital Interests, Berwyn, PA,
appearing for Appellant.
Elin M. Dugan, Office of the General Counsel, Department of Agriculture, San
Francisco, CA, counsel for Respondent.
Before Board Judges VERGILIO, GOODMAN, and SHERIDAN.
VERGILIO, Board Judge.
On October 14, 2012, the Board received a notice of appeal from Aero Union
Corporation (contractor) disputing the termination for default of its contract, AG-024B-C-08-
9277, with the Department of Agriculture, Forest Service (agency), under which the
contractor had provided aircraft for use in fighting forest fires.  With a hearing on the merits
set and the date for the submission of pre-hearing briefs and witness and exhibit lists passed,
the contractor provided notice that because it lacks resources it does not intend further to
pursue the appeal.  The agency has filed a motion to dismiss with prejudice based upon the
contractor’s failure to prosecute.  The contractor opted to file no response.


CBCA 2593 2
Because the contractor is not pursuing the appeal, the appeal is hereby DISMISSED
WITH PREJUDICE.
______________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
____________________________ ____________________________
ALLAN H. GOODMAN PATRICIA J. SHERIDAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: January 2, 2013
CBCA 2891
CEDAR CREST FARMS, LLC,
       Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Donald N. Peterson, II of Withers, Gough, Pike, Pfaff & Peterson, LLC, Wichita, KS,
counsel for Appellant.
David W. Schaaf, Office of the General Counsel, Department of Agriculture,  Kansas
City, MO, counsel for Respondent.
WALTERS, Board Judge.
ORDER
                  
The parties have settled the appeal by means of alternative dispute resolution and, on
December 21, 2012, filed a joint motion to dismiss.  Accordingly, pursuant to Rule 12(d) and
the parties’ joint motion, the appeal is DISMISSED WITH PREJUDICE. 
_______________________________
RICHARD C. WALTERS
Board Judge
DISMISSED WITH PREJUDICE: November 14, 2017
CBCA 4907, 5157, 5470
TEAMUS CONSTRUCTION CO., INC.
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent.
Edward T. DeLisle and Maria L. Panichelli of Cohen Seglias Pallas Greenhall &
Furman, PC, Philadelphia, PA, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburg, PA, counsel for Respondent. 
RUSSELL, Board Judge.
ORDER
On November 13, 2017, the parties filed a joint stipulation of dismissal with
prejudice, advising the Board that the parties had successfully fulfilled their obligations
under the terms of the parties’ settlement agreement and moving to dismiss the appeals with
prejudice.  The Board commends the parties on their settlement, and consistent with the
parties’ request, the appeals are DISMISSED WITH PREJUDICE.
________________________________
BEVERLY M. RUSSELL 
Board Judge
GRANTED IN PART:  April 23, 2008 
CBCA 469 
P.J. DICK, INCORPORATED, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
John C. Person of Person & Craver LLP, Washington, DC, counsel for Appellant. 
Timothy C. Tozer, Office of Regional Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges BORWICK, DeGRAFF , and GOODMAN . 
GOODMAN , Board Judge. 
Appellant, P.J. Dick, Incorporated, was awarded a firm, fixed price contract by the 
General Services Administration (GSA or respondent) to construct a facility for the National 
Oceanic & Atmospheric Administration’s National Environmental Satellite Data and 
Information Services in Suitland, Maryland.  Appellant filed a claim alleging that it incurred 
additional costs in the amount of $197,140.  Respondent’s contracting officer issued a 
decision dated May 10, 2006, from which appellant appealed.
1 
1 This case was docketed at the General Services Administration Board of Contract 
Appeals (GSBCA) as GSBCA 16941.  On January 6, 2007, pursuant to section 847 of the 
National Defense Authorization Act for Fiscal Year 2006, Pub. L. No. 109-163, the GSBCA 

   
 
   
 
 
  
  
___________________________________ 
_______________________________ _________________________________ 
2 CBCA 469 
On April 22, 2008, the parties filed a joint request for entry of judgement and 
dismissal of the appeal, which stated: 
The parties jointly stipulate that Judgment should be entered in favor of 
Appellant . . . in the amount of $110,000.00, inclusive of interest allowable 
under the Contract Disputes Act, 41 U.S.C. §§ 601, et seq . 
Pursuant to Rule 31 of the Board’s . . . Rules of Procedure, the parties further 
certify that they shall not seek review or reconsideration of judgment so 
rendered.  With respect to the decision of the Board issued pursuant to this 
stipulation, the parties waive their rights to reconsideration under Rule 26, 
rights to relief from judgement under Rule 27, and rights to appeal the 
decision. 
Decision 
Accordingly, the appeal is GRANTED IN PART .  In accordance with the parties’ 
joint stipulation, the Board awards the sum of $110,000 inclusive of interest in accordance 
with the Contract Disputes Act, to be paid from the permanent indefinite judgment fund.  31 
U.S.C. § 1304 (2000). 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
ANTHONY S. BORWICK MARTHA H. DEGRAFF 
Board Judge Board Judge 
was terminated and its cases, personnel, and other resources were transferred to the 
newly-established Civilian Board of Contract Appeals (CBCA). This case was docketed by 
the CBCA as CBCA 469.
GRANTED IN PART: July 14, 2014
CBCA 3464
TRICON TIMBER, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Julie A. Weis of Haglund Kelley LLP, Portland, OR, counsel for Appellant.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture,
Missoula, MT, counsel for Respondent.
Before Board Judges DANIELS (Chairman), HYATT, and DRUMMOND.
DANIELS, Board Judge.
The Forest Service (FS), a bureau of the Department of Agriculture, entered into a
contract with Tricon Timber, LLC (Tricon) which included reconstruction of a road in the
Lolo National Forest in Montana.  As part of this work, Tricon was required to cut and
remove trees along the route.  According to Tricon, it was required to cut and remove many
more trees than the fifty estimated by the FS.  Tricon claimed that it is entitled to be paid
$35,905 more than the FS has paid because it cut and removed the additional trees.  The FS
contracting officer denied the claim, and Tricon appealed the decision.
Following a successful mediation conducted by a Board judge, the parties have filed
a motion for a stipulated award to Tricon of $4000, inclusive of interest under the Contract


CBCA 3464 2
Disputes Act, 41 U.S.C. § 7109 (2012).  In the motion, the parties represent that neither will
seek reconsideration of or relief from a decision which makes such an award, and neither will
appeal such a decision.
Decision
The appeal is GRANTED IN PART.  We award to Tricon Timber, LLC the agreed-
upon amount of $4000.  This money is to be paid from the permanent indefinite judgment
fund, 31 U.S.C. § 1304.
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
_________________________ _________________________
CATHERINE B. HYATT JEROME M. DRUMMOND
Board Judge Board Judge
DISMISSED:  April 7, 2016
CBCA 4862
DANIEL M. WHITE,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Daniel M. White, pro se, Catskill, NY.
Adrienne D. Bolton, Office of Regional Counsel, General Services Administration,
Atlanta, GA, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On April 6, 2016, the appellant filed a request to withdraw the captioned appeal.  The
respondent has no objection to the dismissal.  Accordingly, the appeal is DISMISSED.
________________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: March 16, 2022
CBCA 7157
WINSPEAR CONSTRUCTION, LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Nicole D. Pottroff, Steven Koprince, John L. Holtz, and Shane J. McCall of Koprince
McCall Pottroff LLC, Lawrence, KS; and Kent Holland of Construction Risk, LLC, Tysons
Center, VA, counsel for Appellant.
Kara M. Borden, Office of the Solicitor, Department of the Interior, Portland, OR; and
Scott Hulbert, Office of the Solicitor, Department of the Interior, Boise, ID, counsel for
Respondent.
SHERIDAN, Board Judge.
ORDER
On March 15, 2022, the Board was advised that the parties had reached a settlement
in this matter and request that the matter be dismissed.  Accordingly, this matter is
DISMISSED WITH PREJUDICE.
     Patricia J. Sheridan     
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: October 11, 2007 
CBCA 149, 168, 180, 226, 248, 249 
SWANSON GROUP, INC., 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Richard W. Goeken  and Alan I. Saltman of Saltman & Stevens, P.C., Washington, 
DC, counsel for Appellant. 
Brian J. Perron, Office of the Solicitor, Department of the Interior, Portland, OR, 
counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
While these cases were docketed with this Board’s predecessor Interior Board of 
Contract Appeals, the parties reached a settlement agreement covering the six subject timber 
sales.  At the parties’ request, the undersigned entered a stipulated form of judgment in these 
appeals on November 15, 2006.  On October 1, 2007, the appellant filed an unopposed 
motion to dismiss the appeals with prejudice advising the Board that the obligations specified 
in the settlement agreement and stipulated form of judgment had been met.  

 
         2 CBCA 149, 168, 180, 226, 248, 249
Accordingly, these appeals are DISMISSED WITH PREJUDICE . 
     ______________________________________
     CANDIDA S. STEEL
     Board Judge
DISMISSED WITH PREJUDICE:  July 29, 2025
CBCA 8270
HERNANDEZ CONSULTING INC. dba
HERNANDEZ CONSULTING & CONSTRUCTION,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Paul W. Pritchett of Pritchett Legal Services, LLC, New Orleans, LA, counsel for
Appellant.
Gabriel D. Soll, Monica Vigil, and Gina Sirianni, Legal Service Command, United
States Coast Guard, Department of Homeland Security, Norfolk, VA, counsel for
Respondent.
CHADWICK, Board Judge.
ORDER
On July 28, 2025, the parties filed a joint motion stating that they have settled this
matter and requesting that it be dismissed with prejudice.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
GRANTED IN PART: August 22, 2011 
CBCA 2085 
MLB TRANSPORTATION COMPANY, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
James E. Rambeau of The Rambeau Law Group, P.C., Norcross, GA, counsel for 
Appellant. 
Harold W. Askins III and Patricia Anne Hooks, Office of Regional Counsel, 
Department of Veterans Affairs, Decatur, GA; and Natica C. Neely, Office of Regional 
Counsel, Department of Veterans Affairs, Jackson, MS, counsel for Respondent. 
Before Board Judges GILMORE, BORWICK, and GOODMAN. 
GOODMAN, Board Judge. 
This appeal relates to a claim submitted by the appellant, MLB Transportation 
Company, Inc. (MLB), in connection with contract numbers V247P-1264 and V247P-0755 
for transportation services to the Department of Veterans Affairs Medical Center in Atlanta, 
Georgia.  On August 18, 2011,  the parties filed a joint motion for judgment on stipulated 
settlement, stipulating to an award by this Board in favor of MLB in the amount of $50,000 
in full settlement of its claims under the instant appeal.  

     
    
     
     
     
             
             
            
      
      
       
____________________________ 
  
 
2 CBCA 2085 
The parties have stipulated further that interest on such amount will begin to accrue 
thirty days after the Board’s issuance of this decision, at the interest rate(s) published by the 
Secretary of the Treasury semi-annually for purposes of the Contract Disputes Act (CDA), 
41 U.S.C. §§ 7101-7109, should payment not be made by that date. Finally, the parties have 
stipulated that neither party will seek reconsideration of, or relief from, the Board’s decision 
and that neither party will appeal the Board’s decision. 
Decision 
This appeal is GRANTED IN PART . In accordance with the parties’ stipulation of 
settlement and joint motion, the Board awards the appellant the sum of $50,000 for all claims 
under the appeal. P ayment is to be made from the permanent indefinite judgment fund, 31 
U.S.C. § 1304 (2006). Interest on said sum shall begin to accrue thirty days after issuance 
of this judgment order, at the interest rate(s) published by the Secretary of the Treasury semi­
annually for purposes of the CDA, should payment of the award not have been made by that 
date, and shall be paid to the appellant together with the award. 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
_________________________________ _____________________________ 
BERYL S. GILMORE ANTHONY S. BORWICK 
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  June 6, 2022
CBCA 7371
HC CHARLESTON, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
David Y. Yang of K&L Gates LLP, Washington, DC, counsel for Appellant.
Catherine Crow, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
LESTER, Board Judge.
ORDER
By motion filed June 2, 2022, appellant, HC Charleston, LLC (HCC), asked that the
Board dismiss this appeal with prejudice.  HCC’s motion is granted.  This appeal is
DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
GRANTED IN PART: September 18, 2019
CBCA 6311
BANCROFT ARCHITECTS + ENGINEERS,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Matthew T. Schoonover, Shane J. McCall, and Haley E. Claxton of Koprince Law,
LLC, Lawrence, KS, counsel for Appellant.
David E. Fagan, Office ofGeneral Counsel, Department of Veterans Affairs, Portland,
OR; and Donald Mobly, Office of General Counsel, Department of Veterans Affairs, Denver,
CO, counsel for Respondent.
Before Board Judges SHERIDAN, SULLIVAN, and O’ROURKE.
SHERIDAN, Board Judge.
On September 17, 2019, the parties submitted to the Board a joint motion for a
stipulated judgment.  The parties request that the Board enter judgment in the amount of
$271,000, with payment to be made through the permanent indefinite judgment fund in
accordance with 31 U.S.C. § 1304 (2012).  The amount includes any costs and expenses,
interest, and attorney fees to which appellant, Bancroft Architects + Engineers, may be
entitled.  The parties have agreed that they will not seek appeal of, reconsideration of, or
relief from the Board’s decision. 


CBCA 6311 2
Decision
The Board GRANTS IN PART this appeal.  In accordance with the parties’ joint
motion, the Board awards Bancroft Architects + Engineers the stipulated judgment amount
of $271,000. 
 
Patricia J. Sheridan  
PATRICIA J. SHERIDAN
Board Judge
We concur:
 Marian E. Sullivan   Kathleen J. O’Rourke   
MARIAN E. SULLIVAN KATHLEEN J. O’ROURKE
Board Judge Board Judge
DISMISSED WITHOUT PREJUDICE:  March 6, 2026
CBCA 8828
THE GILCHRIST LAW FIRM, P.A.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Jacquin P. Gilchrist of The Gilchrist Law Firm, P.A., Charlotte, NC, counsel for
Appellant.
Adam W. Humphries, Office of the General Counsel, Department of Agriculture,
Washington, DC, counsel for Respondent.
KANG, Board Judge.
On March 4, 2026, the parties jointly requested to dismiss this appeal without
prejudice.  Pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2024)), the appeal is
DISMISSED WITHOUT PREJUDICE.
    Jonathan L. Kang         
JONATHAN L. KANG
Board Judge
DISMISSED WITH PREJUDICE:  September 15, 2021
CBCA 7033
CHENEGA WORLDWIDE SUPPORT, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
William K. Walker of Walker Reausaw, Washington, DC; and Kenneth A. Martin of
Martin Law Firm, McLean, VA, counsel for Appellant.
Jay Bernstein, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
The Board is in receipt of the parties’ joint stipulation for dismissal with prejudice,
filed on September 15, 2021, in the above-referenced case.  In accordance with the parties’
request, this appeal is DISMISSED WITH PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE:  July 24, 2008 
CBCA 1032, 1033 
GUARDIAN ENVIRONMENTAL SERVICES, INC., 
Appellant, 
v. 
ENVIRONMENTAL PROTECTION AGENCY, 
Respondent. 
Robert W. Tate, Seattle, WA, counsel for Appellant. 
Kenneth A. Redden and Kenneth R. Pakula, Office of General Counsel, 
Environmental Protection Agency, Washington, DC, counsel for Respondent. 
SHERIDAN, Board Judge. 
ORDER 
These appeals, along with CBCA 994, arose out of contract EP-R7-07-08, awarded to 
Guardian Environmental Services, Inc. (GES) on March 31, 2007, by the Environmental 
Protection Agency (EPA) to provide labor and materials at the Taylor Lumber and Treating 
(TLT) Superfund site in Sheridan, Oregon. The basis for CBCA 994 is an October 5, 2008, 
certified claim  seeking $1,664,490.36 in payments  whereby GES asserted EPA had 
improperly assessed, among other things, negative incentives and liquidated damages.  CBCA 
1032 is an appeal from a contracting officer’s final decision dated December 26, 2006, which 
partially terminated for default GES’ contract for failure to complete certain work associated 
with trench drains and well vaults.  CBCA 1033 is an appeal from a contracting officer’s final 
decision dated January 10, 2007, which partially terminated for default GES’ contract for 
failure to complete certain asphalt overlay work. 

   
 
  
 
   
                                                             
2 CBCA 1032, 1033 
An ADR proceeding was held on February 5 and 6, 2008, at the TLT site in which 
various matters were resolved.  On July 17, 2008, appellant’s counsel moved that CBCA 
1032 and 1033 be dismissed.  Respondent agreed. 
Regarding CBCA 994, appellant represented that this appeal should not be dismissed 
because, while portions of its claim had been settled at the ADR proceeding, the part of the 
claim relating to the retention of liquidated damages and “negative incentives” had not been 
resolved.  Respondent argues that a claim for liquidated damages is not properly before the 
Board and has submitted a motion to dismiss for lack of jurisdiction. 
Accordingly, CBCA 1032 and 1033 are DISMISSED WITH PREJUDICE .  CBCA 
994 remains on the Board’s docket for a ruling on respondent’s motion to dismiss for lack 
of jurisdiction. 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE: August 30, 2022
CBCA 7293
METROPOLITAN SECURITY SERVICES, INC. dba WALDEN SECURITY,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Judith B. Kassel of Saul Ewing Arnstein & Lehr LLP, Washington, DC; Daniel
Altchek of Saul Ewing Arnstein & Lehr LLP, Baltimore, MD; and Allison L. Burdette of
Saul Ewing Arnstein & Lehr LLP, Pittsburgh, PA, counsel for Appellant.
Kelly Geddes, Civil Division, Commercial Litigation Branch, Department of Justice,
Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motion filed August 29, 2022, appellant, Metropolitan Security Services, Inc. dba
Walden Security, seeks dismissal with prejudice pursuant to CBCA Rule 12(b) (48 CFR
6101.12(b) (2021)).  The motion is granted, and the appeal is DISMISSED WITH
PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
GRANTED IN PART:  September 3, 2015
CBCA 4599
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 the General Counsel, Department of
Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, STERN, and ZISCHKAU.
ZISCHKAU, Board Judge.
On August 19, 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 $398,433 for increased
costs for bond and insurance premiums arising out of additional work performed on the
contract as directed by the Department of Veterans Affairs.
In settlement, the Government agrees to pay appellant $398,433, such amount to be
inclusive of interest, with each party responsible for its own costs, attorney fees, and expenses
incurred in this litigation.  The parties ask that the Board enter judgment for $398,433 with
payment to be made through the permanent indefinite judgment fund.  The joint stipulation


CBCA 4599 2
of the parties provides that neither party will seek reconsideration of, or relief from the
Board’s decision, and neither party will appeal the Board’s decision.
Decision
The Board GRANTS IN PART the appeal.  In accordance with the parties’
stipulated settlement, the Board awards appellant $398,433.  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 JAMES L. STERN
Board Judge Board Judge