Kmisener/CBCA_Full huggingface dataset:
DISMISSED WITH PREJUDICE: January 19, 2010 
CBCA 1480, 1551 
RAY DRAKE, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Mark Borden of Law Offices of Mark Borden, Sonora, CA, counsel for Appellant. 
Ritu Ahuja, Office of the General Counsel, Department of Agriculture, San Francisco, 
CA, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
The Forest Service, a bureau of the Department of Agriculture, entered into a contract 
with Ray Drake to complete the Bourland HT timber sale in the Stanislaus National Forest, 
California.  Mr. Drake filed two appeals of contracting officer decisions relating to this 
contract; one involved a government claim against the contractor, and the other involved 
contractor claims against the Government. 
At the parties’ request, the Board scheduled a session to mediate these disputes. 
Before the session could be convened, however, the parties settled the disputes without 
assistance from a neutral third party. They have filed a joint motion asking the Board to 
dismiss the appeals with prejudice. 

_________________________ 
2 CBCA 1480, 1551
 
The motion is granted.  These appeals are DISMISSED WITH PREJUDICE .
 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE:  December 19, 2022
CBCA 6972
R.A. GLANCY & SONS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Nancy M. Camardo of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On November 1, 2022, the appellant filed an uncontested motion to withdraw the
captioned appeal with prejudice.  The Board commends the parties on the successful
resolution of their dispute.  Accordingly, the captioned appeal is DISMISSED WITH
PREJUDICE.
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED FOR LACK OF JURISDICTION:  March 20, 2007 
CBCA 637 
AMERICAN BUSINESS CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF LABOR, 
Respondent. 
Jackie Black, President of American Business Corporation, Atlanta, GA, appearing 
for Appellant. 
Audrey Roh and Dennis Adelson, Division of Management and Administrative Legal 
Services, Office of the Solicitor, Department of Labor, Washington, DC, counsel for 
Respondent. 
Before Board Judges GOODMAN , DRUMMOND , and SOMERS . 
GOODMAN , Board Judge. 
This appeal was filed on January 9, 2007, by appellant from a Department of Labor 
contracting officer’s final decision dated October 13, 2006, assessing damages against 
appellant arising from performance of a contract to provide placement and career transition 
services to Job Corps students residing in the state of Georgia. 
By letter dated March 13, 2007, respondent’s contracting officer withdrew the final 
decision, and respondent’s counsel advised the Board thereof by letter dated March 15, 2007. 

  
 
 
___________________________________ 
________________________________ __________________________________ 
2 CBCA 637 
The Contract Disputes Act of 1978 provides that all claims relating to government 
contracts shall be the subject of decisions by contracting officers.  41 U.S.C. § 605(a) (2000). 
Without a contracting officer’s final decision, there can be no appeal over which we have 
jurisdiction.  See, e.g. , Monster Government Solutions, Inc. v. Department of Homeland 
Security , DOT BCA 4532, 06-1 BCA ¶ 33,236, aff’d on reconsideration, 06-2 BCA 
¶ 33,312; Far Western Graphics, Inc. , VABCA 7214, 05-1 BCA ¶ 32,829 (2004); Zbigniew 
Ostaszewski v. Department of State , GSBCA 16319-ST, 04-2 BCA ¶ 32,640. 
Accordingly, as there is no appealable contracting officer’s final decision, this appeal 
is DISMISSED FOR LACK OF JURISDICTION . 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
JEROME M. DRUMMOND JERI K. SOMERS 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: August 5, 2021
CBCA 6561
BES DESIGN/BUILD, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Todd A. Jones of Anderson Jones, PLLC, Raleigh, NC, counsel for Appellant.
Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs,
Houston, TX; and Laetitia C. Coleman, Office of General Counsel, Department of Veterans
Affairs, Lakewood, CO, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On August 4, 2021, appellant filed a notice to dismiss this matter, advising the Board
that the parties had successfully settled the appeal.  Accordingly, the appeal is DISMISSED
WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITHOUT PREJUDICE: August 14, 2012
CBCA 2080
HILL COUNTRY RV RESORT,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Michael J. Schaengold and Andrew M. Friedman of Patton Boggs LLP,
Washington, DC, counsel for Appellant.
Nathan C. Guerrero, Office of General Counsel, General Services Administration,
Washington, DC; and Gabriel N. Steinberg, Office of Regional Counsel, General Services
Administration, Atlanta, GA, counsel for Respondent.
BORWICK, Board Judge.
ORDER
On August 9, 2012, the parties reported that they had reached a settlement of this
matter and moved to dismiss the appeal without prejudice, to be converted to a dismissal
with prejudice on August 7, 2013, unless earlier notice of a dismissal with prejudice is
provided by both parties.  Pursuant to the agreement of the parties and Rule 12(d), this
appeal is DISMISSED WITHOUT PREJUDICE.  The dismissal will convert to a
dismissal with prejudice on August 7, 2013, unless earlier notice is given by both parties
that the dismissal is to be converted to a dismissal with prejudice.  
____________________________ 
                        ANTHONY S. BORWICK 


CBCA 1102 2
                         Board Judge
DISMISSED WITH PREJUDICE: March 20, 2014
CBCA 3370, 3371, 3479, 3480
PULLIAM CONSTRUCTION COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
George W. Wolff of The Law Offices of George W. Wolff, San Francisco, CA,
counsel for Appellant.
Kate Gorney, Office of the Regional Counsel, Department of Veterans Affairs, San
Francisco, CA, counsel for Respondent.
STERN, Board Judge.
ORDER
The parties have filed a stipulation of dismissal advising the Board that these appeals
have been settled.  Accordingly, these appeals are DISMISSED WITH PREJUDICE.
_________________________________
 JAMES L. STERN
Board Judge
DENIED: April 18, 2007 
CBCA 129-R 
INTERFREIGHT TRANSPORT SYSTEMS, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Sarah Syers, President of InterFreight Transport Systems, Inc., Fredonia, WI, 
appearing for Appellant. 
Christie J. Meller, Office of the General Counsel, Department of Agriculture, Kansas 
City, MO, counsel for Respondent. 
Before Board Judges VERGILIO , POLLACK , and DeGRAFF . 
VERGILIO , Board Judge. 
Concluding that the contractor is liable for amounts due on various Government 
claims, this Board issued an opinion denying the underlying appeal.  InterFreight Transport 
Systems, Inc. v. Department of Agriculture , CBCA 129 (Mar. 14, 2007).  On April 12, 2007, 
the Board received a request from the contractor asking the Board for relief from the 
decision. The request is that “this Board relieve the Appellant from the Board’s decision on 
grounds that the Appellant does not have the financial ability to pay the debt in full and/or 
reduction of interest only.”  On the same day, the Government submitted its opposition to the 
request.  The Government states that financial hardship should not serve as a basis to relieve 
a party from the operation of a decision. Further, the Government specifies that it has offered 
to set up a payment plan with the contractor. 

______________________________ 
____________________________ ____________________________ 
2 CBCA 129-R 
The contractor has not justified a basis for relief from the decision.  The Board 
DENIES  the request of the contractor. 
JOSEPH A. VERGILIO 
Board Judge 
We concur: 
HOWARD A. POLLACK MARTHA H. DeGRAFF 
Board Judge Board Judge
APPELLANT MOTION FOR TEMPORARY RESTRAINING ORDER
AND INJUNCTION DENIED: February 12, 2019
CBCA 6318
BVB CONSTRUCTION, INC.
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jaqueline T. Slade, President, BVB Construction, Inc., Ventura, CA, appearing for
Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs,
Portland, OR; and Donald Mobly, Office of General Counsel, Department of Veterans
Affairs, Denver, CO, counsel for Department of Veterans Affairs.
Before Board Judges VERGILIO, SHERIDAN, and SULLIVAN.
VERGILIO, Board Judge.
In this appeal, the contractor, BVB Construction, Inc., states that it seeks to recover
extended overhead costs based on project delays.  In its complaint, it alleges breach of
contract, breach of a duty of good faith and fair dealing, negligent misrepresentation, and
negligent interference with prospective economic advantage.
As the underlying appeal proceeds, the contractor has moved for a temporary
restraining order and preliminary injunction barring the agency from issuing a termination


CBCA 6318 2
for default while this case is pending.  A response from the agency is not necessary.  The
Board lacks the authority to issue the requested order and injunction.  The Writing Co. v.
Department of the Treasury, GSBCA 15097-TD, 00-1 BCA ¶ 30,840, at 152,222-23 (not
within power of board to grant injunctive relief and specific performance which appellant
requested).
The Board DENIES the request for a temporary restraining order and a preliminary
injunction.  The underlying appeal shall proceed according to the established schedule.
     Joseph A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
We concur:
  Patricia J. Sheridan          Marian E. Sullivan          
PATRICIA J. SHERIDAN MARIAN E. SULLIVAN
Board Judge Board Judge
GRANTED IN PART:  August 31, 2009
 
CBCA 1296, 1378
 
LAMAR LIFE, LLC,
 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
John A. Brunini and Brian C. Kimball of Brunini, Grantham, Grower & Hewes, 
PLLC, Jackson, MS, counsel for Appellant. 
Leonard E. Lucas III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges SOMERS , POLLACK, and WALTERS. 
SOMERS, Board Judge. 
On July 28, 2008, Lamar Life, LLC (Lamar Life) appealed the final decision of a
General Services Administration (GSA) contracting officer terminating three leases under
contract numbers GS-04B-47037, GS-04B-42051, and GS-04B-40155 for the lease of office 
space in the Lamar Life Building located at 317 East Capitol Street, Jackson, Mississippi;
and on October 15, 2008, Lamar Life appealed the final decision of a GSA contracting
officer denying Lamar Life’s claim for damages arising from the termination of the three
leases. 
On August 27, 2009, the parties filed a motion for stipulated judgment and dismissal 
with prejudice, stating that, pursuant to the terms of an agreement settling the appeals, the 
parties jointly stipulated that judgment should be entered in favor of appellant in the amount 
of $840,000 plus interest allowable under the Contract Disputes Act of 1978, 
41 U.S.C. §§ 601-613 (CDA), to be computed from July 13, 2009. 
The parties further certified that they shall not seek review or reconsideration of the 
judgment and that the parties waive their rights to reconsideration, to relief from judgment, 
and to appeal the decision. 

___________________________ 
____________________________ ___________________________ 
2 CBCA 1296, 1378 
Decision 
These appeals are GRANTED IN PART .  In accordance with the parties’ motion for 
stipulated judgment and dismissal with prejudice, appellant is awarded $840,000, plus 
interest allowable under the CDA to be computed from July 13, 2009. 
JERI KAYLENE SOMERS 
Board Judge 
We concur: 
HOWARD A. POLLACK RICHARD C. WALTERS 
Board Judge Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  November 2, 2007 
CBCA 432 
JJA CONSULTANTS, INC., 
Appellant, 
v. 
DEPARTMENT OF THE TREASURY, 
Respondent. 
Edward V. Gregorowicz, Jr., and James P. Connor of The Law Offices of Edward V. 
Gregorowicz, Jr., Fairfax, VA, counsel for Appellant. 
Lori R. Larson and John T. Kirsch, Office of the Chief Counsel, General Legal 
Services, Internal Revenue Service, Department of the Treasury, Washington, DC, counsel 
for Respondent. 
DeGRAFF , Board Judge. 
ORDER 
On December 28, 2005, JJA Consultants, Inc. filed a notice of appeal in connection 
with a dispute under contract number TIRNO-98-D-00019, for organizational development 
training and consulting services.  On November 1, 2007, the parties filed a joint motion for 
dismissal with prejudice stating they have settled the appeal. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
MARTHA H. DeGRAFF 
Board Judge
______________________________ 
DISMISSED WITH PREJUDICE: February 1, 2010 
CBCA 1543 
XEROX CAPITAL SERVICES, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Richard D. Lieberman and Gabriel D. Soll of McCarthy, Sweeney & Harkaway, P.C., 
Washington, DC, counsel for Appellant. 
Ronald D. Sullivan, Office of the General Counsel, Department of Veterans Affairs, 
Austin, TX, counsel for Respondent. 
VERGILIO , Board Judge. 
ORDER 
On March 24, 2009, the Board received from Xerox Capital Services, LLC 
(contractor) a notice of appeal, docketed as CBCA 1543, alleging a deemed denial of its 
claims seeking $34,828 relating to unpaid invoices arising under delivery orders issued by 
the respondent, the Department of Veterans Affairs, pursuant to the contractor’s contract, GS 
25F 0062L, with the General Services Administration. By letter dated January 29, 2010, the 
contractor seeks a dismissal with prejudice; the contracting officer has determined that 
delivery orders were transferred to an agency other than this respondent. 
The Board DISMISSES WITH PREJUDICE  this appeal. 
JOSEPH A. VERGILIO 
Board Judge
DISMISSED WITH PREJUDICE:  April 29, 2015
CBCA 4030
QTO, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Dawn M. Macaddino of Law Office of Kevin S. Macaddino, PLLC, Novi, MI,
counsel for Appellant.
Catherine Crow and Elyssa Tanenbaum, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On April 28, 2015, appellant filed a motion, concurred in by respondent, to dismiss
the captioned appeal with prejudice and without costs to either party, based on a settlement
reached by the parties.  The Board commends the parties on reaching a settlement of their
dispute.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
________________________________
JONATHAN D. ZISCHKAU
Board Judge
MOTION TO DISMISS GRANTED: July 25, 2014
CBCA 3877
AFFILIATED WESTERN, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Mark A. Walsh of Saunders, Walsh & Beard, McKinney, TX, counsel for Appellant.
Jennifer L. Hedge, Office of Regional Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
Before Board Judges SOMERS, VERGILIO, and SHERIDAN.
SOMERS, Board Judge.
The Department of Veterans Affairs (VA or the Government) awarded a contract to
Affiliated Western, Inc. (AFI or appellant) to perform an upgrade to the medical file room
at the Philadelphia VA Medical Center.  On March 6, 2014, AFI submitted a claim to the
contracting officer for costs allegedly resulting from VA-imposed delays.  When the
contracting officer failed to act on its claim, AFI, acting through its project manager,
submitted a notice of appeal to the Board on May 29, 2014.
The VA has filed a motion to dismiss the appeal on the ground that we do not possess
jurisdiction.  Specifically, the VA points out that CBCA Rule 2(a)(1) requires that a notice
of appeal be submitted in writing and “shall be signed by the appellant or by the appellant’s


CBCA 3877 2
attorney or authorized representative.”  In addition, CBCA Rule 5 requires a corporation to
be represented only by an attorney or a corporate officer.  The VA says that AFI has failed
to show that the project manager has the proper authority to file a notice of appeal on its
behalf.  
Upon receipt of the motion, AFI hired counsel to represent it.  On June 27, 2014,
counsel for AFI submitted a notice of appearance.  In addition, AFI submitted “Appellant’s
Amended Notice of Appeal,” which states that, as of the date of the amended notice, the
contracting officer had not responded to the March 6, 2014, claim.  
The VA is correct – the record does not include any evidence that the project manager
could act on behalf of AFI as a corporate officer or as an attorney.  In other words, there is
no evidence that the project manager was authorized to submit the notice of appeal.  KK&L
Administration Inc. v. Department of the Interior, CBCA 2802, 12-2 BCA ¶ 35,180. 
Therefore, the motion to dismiss is granted.  
The Clerk of the Board will docket the amended notice of appeal as a new appeal, and
will issue a notice of docketing accordingly.  The complaint and the notices of appearances
filed under CBCA 3877 shall be deemed to have been filed under the new appeal.  A new
order on proceedings will be issued in due course.    
___________________________
JERI KAYLENE SOMERS
Board Judge
We concur:
_____________________________ ________________________________
JOSEPH A. VERGILIO PATRICIA J. SHERIDAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: January 14, 2020
CBCA 6389, 6442
R.A. GLANCY & SONS, INC.,
                                                                          Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
                                                                           Respondent.
Joseph A. Camardo, Jr.  and Nancy M. Camardo of Camardo Law Firm, P.C., Auburn,
NY, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA; and Donald Mobly, Office of General Counsel, Denver, CO, counsel for
Respondent.
SHERIDAN, Board Judge.
ORDER
On January 10, 2020, the parties filed a joint stipulation of dismissal with prejudice,
representing that the Department of Veterans Affairs had fulfilled the terms of a settlement
agreement dated October 23, 2019.  Accordingly, these appeals are DISMISSED WITH
PREJUDICE.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: September 23, 2014
CBCA 3754, 3979
GATES DEVELOPMENT COMPANY,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Randy F. Gates, President of Gates Development Company, Orange, CA, appearing
for Appellant.
Wonsook S. Sprague, Office of the Solicitor, Department of the Interior, Phoenix, AZ,
counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
The Department of the Interior’s Bureau of Land Management (BLM) awarded to
Gates Development Company (Gates) on September 25, 2012, a contract to redevelop an
existing communications site located on Guthrie Peak in southeastern Arizona.  
On October 15, 2013, Gates submitted to a BLM contracting officer a claim for
$77,798.47 for work completed to date and extended overhead costs.  The contracting officer
denied the claim, pending provision of further information.  Gates appealed her decision, and
the Board docketed the case as CBCA 3754.


CBCA 3754, 3979 2
On May 29, 2014, the contracting officer terminated the contract for cause.  Gates
appealed this decision as well, and the Board docketed the case as CBCA 3979.
The parties have engaged in alternative dispute resolution discussions, with Board
Judge Patricia J. Sheridan acting as mediator.  The parties have now resolved their disputes
and have jointly asked the Board to dismiss both appeals with prejudice.
The motion is granted.  The appeals are DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
GRANTED IN PART: June 3, 2009 
CBCA 1460 
WALSH/DAVIS JOINT VENTURE, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Barbara G. Werther of Howrey LLP, Washington, DC; and J. Richard Margulies of 
J. Richard Margulies & Associates, Ltd., Rockville, MD, counsel for Appellant. 
Dalton F. Phillips, Leigh Erin S. Izzo, and Heather R. Cameron, Office of General 
Counsel, General Services Administration, Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS  (Chairman), STERN , and HYATT . 
DANIELS , Board Judge. 
The General Services Administration (GSA) contracted with Walsh/Davis Joint 
Venture (Walsh/Davis) for the construction of a building in Washington, D.C., to serve as 
the headquarters of the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and 
Explosives.  Walsh/Davis submitted to the GSA contracting officer numerous claims relating 
to this work.  The contracting officer denied the claims in a 123-page decision.  Walsh/Davis 
appealed. 

  
 
  
    
   
    
        
         
 
   
 
 
    
_________________________ 
2 CBCA 1460 
The parties have been working diligently to resolve voluntarily the matters at issue in 
this case.  They first divided the case into its constituent direct cost and delay/inefficiency 
claims and then proceeded to negotiate most of the direct cost claims. 
The parties have informed the Board that they have resolved most of the direct cost 
claims and have moved for a stipulated award as to the settled matters. With regard to claims 
they have identified as numbers 1-3, 5-22, 23 (part), 24-26, 30-35, 37, 39-48, 50-95, 97, 100­
10, 112-14, 116-27, 129-32, 134-36, 138-44, 146-50, 152-67, 169-70, and 177; and lump 
sums 1-3 and 5-14, they have jointly asked the Board to enter judgment for Walsh/Davis in 
the amount of $4,020,880.81. This amount includes costs, attorney fees, and interest, except 
that if the amount is not paid by July 15, 2009, interest shall accrue from that date until the 
date of payment.  The parties have stated that neither of them will seek reconsideration or 
relief from a decision which directs payment from the permanent indefinite judgment fund 
in the specified amount, and neither of them will appeal such a decision. 
Decision 
This appeal is GRANTED IN PART . As to claims numbered 1-3, 5-22, 23 (part), 
24-26, 30-35, 37, 39-48, 50-95, 97, 100-10, 112-14, 116-27, 129-32, 134-36, 138-44, 146-50, 
152-67, 169-70, and 177; and lump sums 1-3 and 5-14, GSA shall pay to Walsh/Davis 
$4,020,880.81 .  This amount includes costs, attorney fees, and interest, except that if the 
amount is not paid by July 15, 2009, interest shall accrue from that date until the date of 
payment, at the rates specified pursuant to 41 U.S.C. § 611 (2006).  Payment shall be made 
from the permanent indefinite judgment fund.  31 U.S.C. § 1304. 
The presiding judge will schedule further proceedings as to all portions of the case not 
resolved through this decision. 
STEPHEN M. DANIELS 
Board Judge 

_________________________ _________________________ 
3 CBCA 1460 
We concur: 
JAMES L. STERN CATHERINE B. HYATT 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: December 18, 2014
CBCA 3969
KEVCON, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William L. Bruckner and Thomas M. Regan of Bruckner Law Firm, APC, San Diego,
CA, counsel for Appellant.
David G. Fagan, Office of Regional Counsel, Department of Veterans Affairs,
Portland, OR, counsel for Respondent.
WALTERS, Board Judge.
ORDER
The appeal has been settled, the parties advise that final payment under their
settlement agreement has been made and that all other conditions of settlement have been
satisfied, and they jointly move that the appeal be dismissed.  Accordingly, the appeal is
DISMISSED WITH PREJUDICE. 
_______________________
RICHARD C. WALTERS
Board Judge
DISMISSED WITH PREJUDICE:  January 5, 2018
CBCA 5781
HARBOR SERVICES, INC., 
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Dana Woodrum Lang of Womble Carlyle Sandridge & Rice, LLP, Charleston, SC,
counsel for Appellant.  
David G. Fagan and Michael Hughes, Office of General Counsel, Department of
Veterans Affairs, Portland, OR; and Donald C. Mobly, Office of General Counsel,
Department of Veterans Affairs, Denver, CO, counsel for Respondent.
LESTER, Board Judge. 
ORDER
On December 27, 2017, the parties filed a joint motion to dismiss this appeal with
prejudice, notifying the Board that the parties have settled their dispute.  The parties’ motion
is granted.  This appeal is DISMISSED WITH PREJUDICE.
__________________________________
HAROLD D. LESTER, JR. 
Board Judge
DISMISSED WITH PREJUDICE: April 4, 2018
CBCA 5845
MID-ATLANTIC SECURITY AGENCY, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Gregory D. Coleman of Johnson Hopewell Coleman, LLC, Decatur, GA, counsel for
Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On March 30, 2018, appellant filed an unopposed motion to dismiss pursuant to Board
Rule 12(c)(48 CFR 6101.12(c)(2017)).  In its motion, appellant asked that all litigation in this
appeal “ceases at once.”  The motion, being unopposed, is granted, and thus, this appeal is
DISMISSED WITH PREJUDICE.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE: December 7, 2016
CBCA 5407
WILSON 5 SERVICE CO., INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
James S. DelSordo of Argus Legal PLLC, Manassas, Virginia, counsel for Appellant.
Benjamin D. Lorber, Assistant General Counsel, General Services Administration,
Atlanta, GA counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On December 7, 2016, the appellant filed a request to dismiss the captioned appeal
based on a settlement reached by the parties.  The Board commends the parties on reaching
a settlement of their dispute.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
                                                             
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: May 23, 2023
CBCA 7580
ALL KAUAI CLEANING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Robert A. Bartolo, President of All Kauai Cleaning, Inc., Lihue, HI, appearing for
Appellant.
Laetitia C. Coleman, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On May 22, 2023, the parties filed a joint request for dismissal with prejudice, having
resolved the matters in dispute. The Board commends the parties on the successful resolution
of the case. Accordingly, the appeal is DISMISSED WITH PREJUDICE.
Jonathan D. Zischkau
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: November 9, 2016
CBCA 5153
ALVAREZ & ASSOCIATES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Eric S. Crusius and Michael E. Samuels of Miles & Stockbridge PC, Tysons Corner,
VA, counsel for Appellant.
James V. Scuro and Colin L. Nash, Office of General Counsel, Department of
Veterans Affairs, Eatontown, NJ, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
 
On January 14, 2016, the Board received from Alvarez & Associates, LLC, a notice
of appeal contesting the termination for default of its contract, VA118-15-F-0055, with the
Department of Veterans Affairs.  The parties have resolved the dispute (the default was
converted to a termination for convenience and the contractor has accepted payment of
termination costs).  In accordance with the agreement of the parties, this appeal is
DISMISSED WITH PREJUDICE.
 ___________________________
JOSEPH A. VERGILIO
Board Judge

CBCA 5153
DISMISSED WITH PREJUDICE:  March 2, 2026
CBCA 8478
THE POVOLNY GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia of Manfredonia Law, LLC, Cresskill, NJ, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motion filed February 27, 2026, appellant requested that the appeal be dismissed
with prejudice in accordance with the settlement agreement between the parties.  The appeal
is DISMISSED WITH PREJUDICE.
    Marian E. Sullivan         
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: May 8, 2009 
CBCA 991 
ESP SECURITY & SATELLITE ENGINEERING, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Mark T. Kerrin, President of ESP Security & Satellite Engineering, Inc., Jacksonville, 
FL, appearing for Appellant. 
Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, 
GA, counsel for Respondent. 
KULLBERG, Board Judge. 
ORDER 
On December 6, 2007, the Board docketed this appeal.  By letter dated 
March 20, 2009, the Board was advised that the parties were in the process of working out 
a settlement of this appeal.  Appellant’s letter dated May 6, 2009, advised the Board that the 
parties had finalized their settlement of this appeal and requested that this appeal be 
dismissed with prejudice. 

______________________ 
2 CBCA 991 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
DISMISSED WITH PREJUDICE: February 24, 2021
CBCA 6769
WALSH II / ALBERICI JOINT VENTURE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
William E. Dorris and Gautam Y. Reddy of Kilpatrick Townsend & Stockton LLP,
Atlanta, GA, counsel for Appellant.
Marcia A. McCree and Susan M. Chagrin, Office of General Counsel, Department of
Veterans Affairs, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
Walsh II / Alberici Joint Venture and the Department of Veterans Affairs successfully
resolved this case through mediation with Board Judge Chadwick.  In accordance with the
parties’ request, the Board DISMISSES WITH PREJUDICE this appeal.
     Joseph  A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
________________________________ 
DISMISSED: July 26, 2011 
CBCA 2447, 2448 
THE WHITING-TURNER CONTRACTING COMPANY, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Ron Eisenberg, Division Vice President of The Whiting-Turner Contracting 
Company, Baltimore, MD, appearing for Appellant. 
Carrie A. Parish, Office of the General Counsel, Department of Veterans Affairs, 
Washington, DC, counsel for Respondent. 
GILMORE , Board Judge. 
ORDER 
On July 8, 2011, appellant requested to withdraw the above-captioned appeals, stating 
that the disputed issues have been resolved. The Government has no objection. The request 
is granted. 
The appeals, CBCA 2447 and 2448, are hereby DISMISSED. 
BERYL A. GILMORE 
Board Judg
GRANTED IN PART:  May 4, 2016
CBCA 5080
COBURN CONTRACTORS, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jason S. Coburn, Managing Member of Coburn Contractors, LLC, Montgomery, AL, 
appearing for Appellant.
Khaliah W. McLaurin, Office of General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
Before Board Judges VERGILIO, ZISCHKAU, and SULLIVAN.
ZISCHKAU, Board Judge.
On April 25, 2016, the parties submitted a joint request for a 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 $150,000, which includes
all interest, with each party responsible for its own costs, attorney fees, and expenses incurred
in the litigation.  This payment may be made through the permanent indefinite judgment fund,
such amount to constitute complete compensation for the appellant and its subcontractors for
any and all damages and costs, direct and indirect, due to the changes and impacts as alleged
in the captioned appeal.  The parties stipulate that neither party will seek reconsideration of,
or relief from the Board’s decision, and neither party will appeal the Board’s decision.


CBCA 5080 2
Decision
The Board GRANTS IN PART the appeal.  In accordance with the parties’
stipulated settlement, the Board awards appellant $150,000, which includes all interest, with
each party responsible for its own costs, attorney fees, and expenses incurred in the
litigation.  Payment may be made from the permanent indefinite judgment fund, 31 U.S.C.
§ 1304 (2012).
_______________________________
JONATHAN D. ZISCHKAU
Board Judge
We concur:
____________________________ _______________________________
JOSEPH A. VERGILIO MARIAN E. SULLIVAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE: March 3, 2017  
CBCA 5512
KCORP SUPPORT SERVICES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Theodore M. Bailey of Bailey & Bailey, P.C., San Antonio, TX, counsel for
Appellant.
Benjamin D. Lorber, Assistant General Counsel, Office of General Counsel, General
Services Administration, Atlanta, GA, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On March 2, 2017, appellant notified the Board that the parties have settled all matters
in the above-referenced appeal and requests that the Board dismiss the appeal.
In accordance with appellant’s request, this appeal is DISMISSED WITH
PREJUDICE.  
___________________________
KATHLEEN J. O’ROURKE
Board Judge
GRANTED IN PART:  December 14, 2016
CBCA 2727, 3539, 4006
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, Stacy North-Willis, and Charlma J. Quarles, 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, LESTER, and RUSSELL.
LESTER, Board Judge.
On or about August 4, 2010, the Department of Veterans Affairs (VA) awarded
contract no. VA101CFM-C-0093 (the contract) to appellant, Kepa Services, Inc. (Kepa), to
improve and expand the Abraham Lincoln National Cemetery in Elwood, Illinois.  The

CBCA 2727, 3539, 4006 2
cemetery expansion involved the development of twenty acres, including but not limited to
the 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.
Kepa submitted several claims to the contracting officer during and following contract
performance seeking additional monetary compensation from the VA under the contract. 
The Board docketed Kepa’s appeals of the contracting officer’s decisions on three of those
claims as CBCA 2727, 3539, and 4006.
On December 9, 2016, the parties, in furtherance of a settlement agreement that they
executed on December 8, 2016, filed a joint motion for entry of judgment in CBCA 2727,
3539, and 4006.  In the settlement agreement, a copy of which accompanied the parties’
motion, the parties stipulated to an award in Kepa’s favor in CBCA 2727, 3539, and 4006
in the amount of $2 million, with interest to run at rates prescribed by the Contract Disputes
Act (CDA), 41 U.S.C. § 7109 (2012), beginning thirty days after the Board’s entry of
judgment, if the permanent indefinite judgment fund has not paid the stipulated amount by
that date.  The parties further stipulated that they will not seek reconsideration of or relief
from, and will not appeal, the Board’s decision awarding the stipulated amount.
Decision
The appeals are GRANTED IN PART.  The Department of Veterans Affairs shall
pay $2 million, inclusive of interest, to Kepa in full settlement of CBCA 2727, 3539, and
4006, with each party to bear its own attorney fees and expenses.  This payment shall be
made in accordance with 41 U.S.C. § 7108.  If this amount is not paid by January 13, 2017,
there shall be added to it interest, at rates prescribed pursuant to the CDA, beginning on
January 13, 2017, and ending on the date of payment.
________________________________
HAROLD D. LESTER, JR.
Board Judge

CBCA 2727, 3539, 4006 3
We concur:
________________________________ ________________________________
JOSEPH A. VERGILIO BEVERLY M. RUSSELL
Board Judge Board Judge
GRANTED IN PART: October 6, 2016
CBCA 3402, 3490
CADDELL CONSTRUCTION CO., INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
James F. Archibald, III of Bradley Arant Boult Cummings, Birmingham, AL, counsel
for Appellant.
James F. H. Scott, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and KULLBERG.
DANIELS, Board Judge.
The General Services Administration (GSA) contracted with Caddell Construction
Co., Inc. (Caddell) for construction of the Stanley J. Roszkowski United States Courthouse
in Rockford, Illinois.  Under this contract, Caddell submitted to the contracting officer two
claims with which we are concerned: one in the amount of $934,155.34 for compliance by
subcontractor Lenex Steel Company with a supplemental instruction issued by the project
architect, and the other in the amount of $5,001,544.42 for costs associated with change
orders and general conditions for delays, as well as incentive payments for achieving certain
milestones and release of liquidated damages held by GSA.  The contracting officer denied


CBCA 3402, 3490 2
the first claim in its entirety and granted the second in part.  Caddell appealed both decisions. 
The appeal of the decision as to the first claim was docketed as CBCA 3402, and the appeal
of the decision as to the second was docketed as 3490.
Through mediation conducted by Board Judge Richard C. Walters, the parties have
resolved their dispute voluntarily.  They have jointly moved the Board to award to Caddell
the sum of $2,500,000, plus interest at the rates prescribed by the Secretary of the Treasury
pursuant to the Contract Disputes Act, 41 U.S.C. § 7109 (2012), from May 1, 2016 until the
date of payment.  The parties state that with certain limited exclusions and reservations which
do not pertain to the claims that are the subject of these appeals, “upon entry of the requested
final judgment, all disputes, claims, counterclaims and issues will be fully and finally
resolved relating to [these appeals] and [this contract].”  The parties state further  that they
will not seek reconsideration of or relief from a decision which makes the agreed-upon
award, and they will not appeal the decision.
Decision
The appeals are GRANTED IN PART.  The Board awards to Caddell Construction
Co., Inc. the sum of $2,500,000, plus interest at the rates prescribed by the Secretary of the
Treasury pursuant to the Contract Disputes Act, 41 U.S.C. § 7109, from May 1, 2016 until
the date of payment.  Rule 25(b) (48 CFR 6101.25(b) (2015)).  To the extent that the General
Services Administration does not make payment directly to the contractor, payment may be
made from the permanent indefinite judgment fund.  41 U.S.C. § 7108(a) (referencing 31
U.S.C. § 1304).
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
________________________ _________________________
JOSEPH A. VERGILIO H. CHUCK KULLBERG
Board Judge Board Judge
GRANTED IN PART: December 15, 2009 
CBCA 1460 
WALSH/DAVIS JOINT VENTURE, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Barbara G. Werther of Howrey LLP, Washington, DC; and J. Richard Margulies of 
J. Richard Margulies & Associates, Ltd., Rockville, MD, counsel for Appellant. 
Dalton F. Phillips, Leigh Erin S. Izzo, and Heather R. Cameron, Office of General 
Counsel, General Services Administration, Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS  (Chairman), SOMERS , and DRUMMOND . 
DANIELS , Board Judge. 
The General Services Administration (GSA) contracted with Walsh/Davis Joint 
Venture (Walsh/Davis) for the construction of a building in Washington, D.C., to serve as 
the headquarters of the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and 
Explosives.  Walsh/Davis submitted to the GSA contracting officer numerous claims relating 
to this work.  The contracting officer denied the claims in a 123-page decision.  Walsh/Davis 
appealed. 

  
 
  
   
  
     
     
 
     
 
        
 
      
_________________________ 
2 CBCA 1460 
The parties have been working diligently to resolve voluntarily the matters at issue in 
this case.  They first divided the case into its constituent direct cost and delay/inefficiency 
claims and then proceeded to negotiate most of the direct cost claims. 
The parties have resolved most of the direct cost claims.  On May 29, 2009, they 
jointly moved for a stipulated award as to numerous settled matters. The Board granted that 
motion by decision dated June 3, 2009 (later amended, per the parties’ joint requests, on 
July 17, 2009, and September 8, 2009).  
The parties filed another motion for a stipulated award, this time covering claims they 
have identified as numbers 179 through 197 and “Ned Kahn Deduction,” on December 15, 
2009. In this motion, they ask the Board to enter judgment for Walsh/Davis in the amount 
of $1,001,393.  This amount includes costs, attorney fees, and interest, except that if the 
amount is not paid by December 24, 2009, interest shall accrue from that date until the date 
of payment. The parties have stated that neither of them will seek reconsideration of or relief 
from a decision which directs payment from the permanent indefinite judgment fund in the 
specified amount, and neither of them will appeal such a decision. 
Decision 
This appeal is GRANTED IN PART . As to claims numbered 179 through 197 and 
“Ned Kahn Deduction,” GSA shall pay to Walsh/Davis $1,001,393.  This amount includes 
costs, attorney fees, and interest, except that if the amount is not paid by December 24, 2009, 
interest shall accrue from that date until the date of payment, at the rates specified pursuant 
to 41 U.S.C. § 611 (2006). Payment shall be made from the permanent indefinite judgment 
fund.  31 U.S.C. § 1304. 
STEPHEN M. DANIELS 
Board Judge 

_________________________ _________________________ 
3 CBCA 1460 
We concur: 
JERI KAYLENE SOMERS JEROME M. DRUMMOND 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: May 2, 2018
CBCA 6048
FOXMAR, INC. dba EDUCATION AND TRAINING RESOURCES, 
Appellant,
v.
 
DEPARTMENT OF LABOR,
Respondent.
Angela B. Styles and Robert J. Wagman, Jr. of Bracewell LLP, Washington, DC,
counsel for Appellant.
Dennis A. Adelson and Peter J. Dickson, Office of the Solicitor, Department of Labor,
Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On May 2, 2018, representing that this matter was resolved by settlement, the
appellant submitted an uncontested motion asking the Board to dismiss this appeal with
prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
  Patricia J. Sheridan       
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  October 4, 2024
CBCA 7949
320 MERRICK ROAD, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Frank S. Murray of Foley & Lardner LLP, Washington, DC, counsel for Appellant.
Elin M. Dugan, Office of the General Counsel, Department of Agriculture, San
Francisco, CA; and Michelle M. Weiner, Office of the General Counsel, Department of
Agriculture, Charlotte, NC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On October 2, 2024, appellant, 320 Merrick Road, LLC, moved to dismiss this appeal
with prejudice in accordance with Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)).  In
the motion, appellant states that the parties successfully resolved their dispute through the
Board’s alternative dispute resolution process.  The motion is granted.  Accordingly, the
appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: September 19, 2016
CBCA 2872, 5250, 5251
AURORA, LLC,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Richard C. Johnson, Edmund A. Amorosi, and Daniel Q. Horner of Smith Pachter
McWhorter PLC, Vienna, VA; and Peter F. Garvin, III, Grant H. Willis, and Ryan P.
McGovern of Jones Day, Washington, DC, counsel for Appellant.
John C. Sawyer, Thomas D. Dinackus, and Erin M. Kriynovich, Office of the Legal
Adviser, Buildings and Acquisitions, Department of State, Rosslyn, VA, counsel for
Respondent.
HYATT, Board Judge.      
On September 16, 2016, appellant, Aurora, LLC, filed a motion advising that all
matters in these consolidated appeals have been satisfactorily resolved by the parties and
requesting that the Board dismiss the appeals with prejudice.
Accordingly, the appeals are DISMISSED WITH PREJUDICE.
__________________________________
CATHERINE B. HYATT
Board Judge
RECONSIDERATION DENIED:  December 9, 2008 
CBCA 97 
WHEELER LOGGING, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Alan I. Saltman of Saltman & Stevens, P.C., Washington, DC, counsel for Appellant. 
James L. Rosen, Office of the General Counsel, Department of Agriculture, San 
Francisco, CA, counsel for Respondent. 
STERN , Board Judge. 
Appellant, Wheeler Logging, Inc. (Wheeler), moves for reconsideration of the Board’s 
decision dismissing, for lack of jurisdiction, appellant’s claims for idle equipment costs, 
unabsorbed overhead, and interest.  Wheeler claims that the Board erred by failing to 
properly apply the standard established by the United States Court of Appeals for the Federal 
Circuit regarding the need for the recertification of a claim under the circumstances before 
us. 
The argument presented by appellant has been already considered by the Board in 
reaching its determination to dismiss certain of appellant’s claims.  Indeed, much of 
appellant’s argument is taken from the dissenting opinion of our earlier decision. 

                                                                                                                                        
     
_____________________________ 
__________________________ ______________________________ 
2 CBCA 97 
The motion for reconsideration is DENIED . 
JAMES L. STERN 
Board Judge 
We concur: 
HOWARD A. POLLACK 1 JERI KAYLENE SOMERS 
Board Judge Board Judge 
1 For reasons stated in my dissent, I would not dismiss those portions of the 
appeal that were dismissed. However, I concur with the majority in their basis for denying 
reconsideration.
DISMISSED WITH PREJUDICE: April 9, 2014
CBCA 3512
MCLURE MOVING AND STORAGE, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Ronald W. Beales, Director of Business Development, Mclure Moving and Storage,
Inc., Essex Junction, VT, appearing for Appellant.
Meaghan Q. Leclerc, Office of Regional Counsel, General Services Administration,
Boston, MA, counsel for Respondent.
STERN, Board Judge.
ORDER
Appellant has advised the Board that it has received the settlement payment resolving
this appeal.  Appellant requests that this case be dismissed with prejudice.  Accordingly, this
appeal is DISMISSED WITH PREJUDICE.
_________________________________
 JAMES L. STERN
Board Judge
DISMISSED WITH PREJUDICE: October 3, 2017
CBCA 5655
BACKWATER ENVIRONMENTAL, 
DIVISION OF THE OSBORNE COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Keith L. Richardson and Reginald A. Williamson of Kilpatrick Townsend & Stockton
LLP, Atlanta, GA, counsel for Appellant.
Adria Greene and Dionne Shy, Office of the General Counsel, Department of
Agriculture, Atlanta, GA, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On September 29, 2017, 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
DISMISSED WITH PREJUDICE: March 28, 2014 
CBCA 3713
JUICE TECHNOLOGIES LLC dba PLUG SMART,
Appellant,
v.
 DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Richard D. Housh, Chief Executive Officer of Juice Technologies LLC dba Plug
Smart, Columbus, OH, appearing for Appellant.
Dennis J. Kulish, Office of Regional Counsel, Department of Veterans Affairs,
Altoona, PA, counsel for Respondent.
HYATT, Board Judge.
ORDER
The parties have advised the Board that this appeal has been settled.  The settlement
agreement stipulates that appellant will withdraw its complaint, and the parties jointly request
that the matter be dismissed with prejudice.  Accordingly, this appeal is DISMISSED WITH
PREJUDICE.
________________________________
CATHERINE B. HYATT
Board Judge