Kmisener/CBCA_Full huggingface dataset:
___________________________ 
  
 
DISMISSED: September 10, 2012 
CBCA 2915 
SALMAN A. HASHMI, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
Salman A. Hashmi, pro se, Toledo, OH. 
Kathleen K. Barksdale, Office of Regional Counsel, General Services 
Administration, Philadelphia, PA, counsel for Respondent. 
BORWICK , Board Judge. 
ORDER 
On September 6, 2012, appellant advised that the parties had reached a settlement 
of this matter and moved to dismiss the appeal. Pursuant to the agreement of the parties 
and Rule 12(c), this appeal is DISMISSED . 
ANTHONY S. BORWICK 
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  September 27, 2007 
CBCA 696 
GLENN AND KATHY SEABERG, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Glenn and Kathy Seaberg, pro se, Salmon, ID. 
Michael D. Tully, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
DeGRAFF , Board Judge. 
ORDER 
On April 3, 2007, Glenn and Kathy Seaberg filed a notice of appeal.  On 
September 24, 2007, the appellants filed a letter withdrawing the appeal. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
MARTHA H. DeGRAFF 
Board Judge
GRANTED IN PART: November 6, 2020
CBCA 6502
BERKLEY PROPERTY ASSOCIATES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Seamus Curley of Stroock & Stroock & Lavan LLP, Washington, DC, counsel for
Appellant.
James Scott and Jessica Gunzel, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, ZISCHKAU, and CHADWICK. 
BEARDSLEY, Board Judge.
Respondent, the General Services Administration, offset the amount of $896,251.57
from its lease payment to appellant, Berkley Property Associates, LLC, to recoup real estate
taxes GSA alleged it had wrongly paid.  Appellant has moved for summary judgment in the
amount of the offset claiming that the government’s right to offset is barred by the Contract
Dispute Act’s (CDA) six-year statute of limitations, 41 U.S.C. § 7103(a)(4)(A) (2018). 
Appellant also moved for an award of interest in the amount of $21,377.82 from the date of
the offset until November 15, 2018, the date appellant submitted its CDA claim.  


CBCA 6502 2
GSA does not oppose this motion, except to challenge appellant’s claim for
$21,377.82 in other than CDA interest.1  GSA states that it cannot produce any documentary
evidence that a contracting officer asserted a claim to withhold the funds and resolve the
issues of tax liability and of damages within the CDA limitations period.  Based on the
Board’s decision in 1000-1100 Wilson Owner, LLC v. General Services Administration,
CBCA 6506, 20-1 BCA ¶ 37,642, which involved almost identical facts to this case, GSA’s
claim for $896,251.57 is, therefore, barred by the CDA statute of limitations.  
Decision
The Board GRANTS IN PART appellant’s motion for summary judgment and enters
judgment for appellant in the amount of $896,251.57, plus CDA interest to run from
November 15, 2018.  Only appellant’s claim for other than CDA interest remains to be
decided in this appeal.
 
    Erica S. Beardsley        
ERICA S. BEARDSLEY
Board Judge
We concur:
  Jonathan D. Zischkau         Kyle Chadwick              
JONATHAN D. ZISCHKAU KYLE CHADWICK
Board Judge Board Judge
1  The parties are currently briefing for the Board the issue of appellant’s
entitlement to other than CDA interest.
DISMISSED WITH PREJUDICE:  August 18, 2023
CBCA 7677
ALLSERV, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Matthew T. Schoonover, Matthew P. Moriarty, John M. Mattox II, Ian P. Patterson,
and Timothy J. Laughlin of Schoonover & Moriarty LLC, Olathe, KS, counsel for Appellant.
Jason Fragoso and Krishon Gill-Edmond, Office of General Counsel, Department of
Veterans Affairs, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have advised that this appeal has been settled and appellant has requested
dismissal with prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
MOTION FOR SUMMARY RELIEF DENIED: September 1, 2011 
CBCA 2127 
SAMUEL A. RUBINO, 
Appellant, 
v. 
AGENCY FOR INTERNATIONAL DEVELOPMENT, 
Respondent. 
Samuel A. Rubino, pro se, Linn Creek, MO. 
Sarah G. Rapawy, Office of the General Counsel, Agency for International 
Development, Washington, DC, counsel for Respondent. 
Before Board Judges GILMORE, GOODMAN, and WALTERS. 
WALTERS, Board Judge. 
This appeal involves a claim by appellant, Samuel A. Rubino, for monies allegedly 
owed by respondent, the Agency for International Development, for termination of 
appellant’s personal services contract. Respondent has submitted a motion for summary 
judgment (which the Board takes as a motion for summary relief) dated August 31, 2011, 
urging that the appeal should be denied as a matter of law. The Board had denied a similar 
motion to dismiss on March 22, 2011, because we found there to be genuine issues of 
material fact yet to be resolved. The recent motion presents no additional facts that would 
alter the Board’s opinion and merely restates and elaborates upon the same legal arguments 
that had been presented with the earlier motion and that this Board had considered fully and 
rejected. Accordingly, we find no basis for reaching a different result with the present 
motion. 

2 CBCA 2127
 

 
_________________________ 
_________________________ _________________________ 
3 CBCA 2127 
Decision 
The motion for summary relief is DENIED. 
RICHARD C. WALTERS 
Board Judge 
We concur: 
BERYL S. GILMORE ALLAN H. GOODMAN 
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  March 8, 2024
CBCA 7306, 7307, 7473, 7474, 7475, 7613, 7614
BES DESIGN/BUILD, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Todd A. Jones, Peyton D. Mansure, and Lindsey E. Powell of Anderson Jones, PLLC,
Raleigh, NC, counsel for Appellant.
Jennifer L. Hedge, Office of General Counsel, Department of Veterans Affairs,
Pittsburgh, PA; Laetitia C. Coleman, Office of General Counsel, Department of Veterans
Affairs, Arlington, TX; and Timothy M. Saffles, Office of General Counsel, Department of
Veterans Affairs, Redwood City, CA, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
On February 23, 2024, appellant moved “for voluntary dismissal” of this case, citing
Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)).  The Board advised appellant on
February 29 that it construed the motion as seeking dismissal with prejudice.  Appellant did
not respond or object.  


CBCA 7306, 7307, 7473, 7474, 7475, 7613, 7614 2
Accordingly, the appeals are DISMISSED WITH PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE:  September 18, 2014
CBCA 3802
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Owings Mills, MD, counsel for Appellant.
Lisa C. House, Office of Regional Counsel, Department of Veterans Affairs, 
Arlington, TX, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On September 12, 2014, appellant filed a motion to dismiss the captioned appeal
with prejudice with the concurrence of respondent.  The Board commends the parties on
the settlement of their dispute.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
____________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE:  October 15, 2025
CBCA 8315, 8316
DOWNRANGE OPERATIONS AND TRAINING LLC,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Lynn Patton Thompson and Christopher Solop of Biggs, Ingram & Solop, PLLC,
Ridgeland, MS, counsel for Appellant.
Matthew S. Tilghman, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motion dated October 13, 2025, appellant, Downrange Operations and Training
LLC, seeks dismissal of these appeals with prejudice pursuant to Rule 12(b)(2)
(48 CFR 6101.12(b)(2) (2024)).  The appeals are DISMISSED WITH PREJUDICE.
    Marian E. Sullivan         
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: April 20, 2012 
CBCA 2517 
AFC-5, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Brian J. O’Rourke of Keleher & McLeod, P.A., Albuquerque, NM, counsel for 
Appellant. 
Leonard E. Lucas, III, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
Appellant, AFC-5, LLC, has filed a motion to dismiss the above-captioned appeal 
with prejudice. Counsel for the Government has consented to the motion to dismiss. 
Accordingly, the appeal is hereby DISMISSED WITH PREJUDICE . 
CANDIDA S. STEEL 
Board Judge
_________________________ 
DISMISSED WITH PREJUDICE:  August 8, 2007
 
CBCA 772
 
KENNETH STRONG dba KEN’S LOGGING,
 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Kenneth Strong, President of Ken’s Logging, Silt, CO, appearing for Appellant. 
Patricia Leigh Disert, Office of the General Counsel, Department of Agriculture, 
Albuquerque, NM, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties, on July 30, 2007, submitted a joint request for dismissal of this appeal, 
stating that they have reached a resolution of all matters and claims raised in this dispute. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
DISMISSED WITH PREJUDICE: August 11, 2020
CBCA 6730
KELLY CONSTRUCTION SERVICES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Kelly A. Fisher, President of KellyConstruction Services, Inc., Enfield, CT, appearing
for Appellant.
Kelly Y. Burnell, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On August 7, 2020, the parties advised the Board that they had reached a settlement
and requested that this appeal be dismissed. Accordingly, this appeal isDISMISSED WITH
PREJUDICE.
H. Chuck Kullberg
H. CHUCK KULLBERG
Board Judge
DISMISSED WITH PREJUDICE: July 9, 2014
CBCA 3388
PCL CONSTRUCTION, INC.,
Appellant,
v.
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
Respondent.
Donald A. Tobin and Lori Ann Lange of Peckar & Abramson, P.C., Washington, DC,
counsel for Appellant.
Rebecca Ann Rizzuti, Office of Legal Advisor, International Boundary and Water
Commission, El Paso, TX, counsel for Respondent.
STEEL, Board Judge.
ORDER
On June 16, 2014, counsel for appellant, PCL Construction, Inc. (PCL), informed the
Board that the parties had reached a settlement embodied in a contract modification and
requested that a stay be granted so as to allow time for the contract modification to be
processed and payment pursuant to the settlement be made.  Counsel indicated that
respondent, International Boundary and Water Commission, concurred in the stay request, 

CBCA 3388 2
which was granted.  By letter of July 1, 2014, counsel for PCL requested that this appeal be
dismissed with prejudice.  Accordingly, this appeal is DISMISSED WITH PREJUDICE.
                                                            
CANDIDA S. STEEL
Board Judge
DISMISSED WITH PREJUDICE:  April 20, 2018
CBCA 5430, 5431
 PHILIPS HEALTHCARE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kevin J. Maynard, Tracye Winfrey Howard, and Kendra P. Norwood of Wiley Rein
LLP, Washington, DC, counsel for Appellant.
Maura C. Brown, Elyse M. Griffiths, and Gregory L. Madden, Office of General
Counsel, Department of Veterans Affairs, Hines, IL, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On April 19, 2018, the appellant filed a request to withdraw its appeals in the
captioned cases because the parties have reached a settlement of their disputes.  The Board
commends the parties on settling these disputes.  Accordingly, the appeals are DISMISSED
WITH PREJUDICE. 
  Jonathan D. Zischkau    
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: April 21, 2017
CBCA 5643
ANDREEA SIMONA POENARU,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Andreea Simona Poenaru, pro se, Bucharest, Romania.
John R. Arbogast, Office of the Legal Advisor, Buildings and Acquisitions,
Department of State, New York, NY, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On April 21, 2017, the parties filed a joint request to dismiss the captioned appeal
based on a settlement agreement.  The Board commends the parties on reaching a settlement
of their dispute.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
 
________________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE:  May 1, 2025
CBCA 8227
BLUE TECH INC.,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Paul F. Khoury of Wiley Rein LLP, Washington, DC, counsel for Appellant.
Jeffrey A. Regner, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Arlington, VA, counsel for Respondent.
VOLK, Board Judge.
ORDER
As requested by appellant, this appeal is DISMISSED WITH PREJUDICE.
     Daniel B. Volk               
DANIEL B. VOLK
Board Judge
DISMISSED WITH PREJUDICE: June 28, 2016
CBCA 5247
IMPAQ INTERNATIONAL, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Antonio R. Franco, Michelle E. Litteken, and Jacqueline K. Unger of PilieroMazza
PLLC, Washington, DC, counsel for Appellant.
Jonathan A. Baker and Seeta Rebbapragada, Office of the General Counsel,
Department of Health and Human Services, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On March 18, 2016, the Board received from IMPAQ International, LLC a timely
notice of appeal concerning its contract, HHSA290200710071T, with the Department of
Health and Human Services, Agency for Healthcare Research and Quality.  The contracting
officer denied a claim for $160,176.54, sought for what IMPAQ contended was payment due
on final invoices.  In accordance with a joint motion received on June 27, 2016, indicating
that the parties executed a settlement agreement on May 17, 2016, the Board DISMISSES
WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  October 27, 2009 
CBCA 1584 
CLARO COMMUNICATIONS GROUP, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Seth A. Robbins and Angeline R. Nelson of Quagliano & Seeger, P.C., Washington, 
DC, counsel for Appellant. 
Heather M. Self, Office of the General Counsel, Department of Agriculture, 
Washington, DC, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
On May 11, 2009, Claro Communications Group, Inc. filed a notice of appeal in 
connection with a dispute under contract number 50-3142-5-0001, to perform certain physical 
security updates at sites in Leetown, West Virginia; Dubois, Idaho; and Pullman, 
Washington.  On October 22, 2009, respondent filed a motion to  dismiss, along with an 
executed settlement agreement.  Appellant has no objection to the dismissal of this appeal. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE: September 2, 2010 
CBCA 2079 
JOHN LALLEMAND, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
John Lallemand, pro se, Dade City, FL. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties previously notified the Board that the appeal has been settled. They have 
filed a joint stipulation for dismissal requesting dismissal with prejudice. Accordingly, the 
appeal is DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
DISMISSED WITH PREJUDICE: December 5, 2013
CBCA 3486
WYNEMA, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John Roussas of Green & Hall, APC, Roseville, CA, counsel for Appellant.
Kate Gorney and Matthew V. Edwards, Office of the Regional Counsel,
San Francisco, CA, counsel for Respondent.
STEEL, Board Judge.
ORDER
On December 2, 2013, appellant Wynema, Inc., notified the Board that its dispute with
the Veteran’s Administration has been settled and memorialized in a settlement agreement.
It requests that the above-captioned appeal be dismissed.  Therefore, this appeal is
DISMISSED WITH PREJUDICE.
                                                         
CANDIDA S. STEEL
Board Judge
DISMISSED:  June 26, 2009 
CBCA 1601 
eSCRUB SYSTEMS INCORPORATED, 
Appellant, 
v. 
DEPARTMENT OF ENERGY, 
Respondent. 
Ralph D. Genuario, CEO of eScrub Systems Incorporated, Wilmington, DE, 
appearing for Appellant. 
Megan Davia Mikhail, General Law Division, Department of Energy, Argonne, IL, 
counsel for Respondent. 
GILMORE, Board Judge. 
ORDER 
On June 1, 2009, eScrub Systems Incorporated (eScrub) filed a motion for summary 
relief with the Board, citing the Contract Disputes Act (CDA), 41 U.S.C. §§ 601-613 (2006), 
as jurisdiction.  The submission was docketed as CBCA 1601. The Board, on June 4, 2009, 
ordered the parties to brief the issue of jurisdiction to hear the “motion” since eScrub did not 
submit or reference a contracting officer’s final decision, nor request relief under a type of 
contract the Board is authorized to hear under the CDA.  The briefs were due by July 7, 2009. 

 
_______________________________ 
2 CBCA 1601 
On June 9, 2009, eScrub advised the Board that it had received new information from 
the contracting officer and wished the Board to dismiss the matter.   Accordingly, this appeal 
is DISMISSED . 
BERYL S. GILMORE
 
Board Judge
DISMISSED WITH PREJUDICE: July 25, 2012 
CBCA 2205 
BUILDCO CONSTRUCTION CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Robert G. Watt, Kevin J. McKeon, and Hanna Lee Blake of Watt, Tieder, Hoffar & 
Fitzgerald, L.L.P., McLean, VA, counsel for Appellant. 
Phillipa L. Anderson, Charlma Quarles, Stacey North-Willis, and Shaquana L. 
Cooper, Office of the General Counsel, Department of Veterans Affairs, Washington, DC,
 
counsel for Respondent.
 
DANIELS , Board Judge (Chairman).
 
ORDER 
Buildco Construction Corporation (Buildco) claimed that it was entitled to $3,228,283 
as an equitable adjustment to the price of a contract with the Department of Veterans Affairs 
(VA) for the construction of an outpatient addition to the Veterans Affairs Medical Center 
in Brooklyn, New York. The VA contracting officer did not issue a decision on the claim, 
and Buildco appealed to the Board from the deemed denial of the claim. 
The parties have now settled the case and asked the Board to dismiss it with prejudice. 

 
      
_________________________ 
  
 
2 CBCA 2205
 
Accordingly, the case is DISMISSED WITH PREJUDICE .
 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE:  April 3, 2024
CBCA 7909
GLOBE TRAILER MANUFACTURING, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Matthew E. Feinberg, Lauren R. Brier, Matthew T. Healy, and Annie B. Hudgins of
PilieroMazza PLLC, Washington, DC, counsel for Appellant.
Anna Brathwaite, Office of the Solicitor, Department of the Interior, Sacramento, CA,
counsel for Respondent.
KANG, Board Judge.
ORDER
On April 2, 2024, the parties filed a joint motion to dismiss this appeal with prejudice 
pursuant to Board Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)), in accordance with their
settlement agreement.  The motion is granted.  The appeal is DISMISSED WITH
PREJUDICE.
    Jonathan L.  Kang       
JONATHAN L.  KANG
Board Judge
ORDER: March 8, 2013
CBCA 3177
ACCESS AUTO SALES INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Steven Olivieri of Access Auto Sales Inc., Apple Valley, CA, appearing for Appellant.
Rebecca A. Saroyan, Office of Regional Counsel, General Service Administration,
San Francisco, CA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
The Board received appellant, Access Auto Sales, Inc.’s request to withdraw its
appeal in this matter on March 5,2013.  Accordingly, this appeal is hereby DISMISSED. 
                                                             
PATRICIA J. SHERIDAN
Board Judge


CBCA 3177 2
DISMISSED WITH PREJUDICE: October 10, 2018
CBCA 6063
TRIPLE CANOPY,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Daniel J. Strouse of Cordatis LLP, Arlington, VA, counsel for Appellant.
Dennis J. Gallagher, Office of the Legal Advisor, Buildings and Acquisitions,
Department of State, Rosslyn, VA, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On March 7, 2018, the Board received from Triple Canopy a notice of appeal
involving a task order under contract SAQMMA16D0048 with the Department of State.  The
parties resolved the dispute; the contractor has received payment.  In accordance with a
request received on October 10, 2018, the Board DISMISSES WITH PREJUDICE this
appeal.
     Joseph A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE:  March 16, 2023
CBCA 7262
CLEAN HARBORS ENVIRONMENTAL SERVICES,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Sati Harutyunyan of Jenner & Block LLP, Los Angeles, CA; and Scott E. Whitman,
Matthew L. Haws, and David B. Robbins of Jenner & Block LLP, Washington, DC, counsel
for Appellant.
Melissa D. McClellan and Azine Farzami, Office of the General Counsel, Department
of Agriculture, Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On March 14, 2023, the parties filed a joint motion to dismiss the above-captioned
appeal with prejudice, following a settlement agreement.  Accordingly, this appeal is
DISMISSED WITH PREJUDICE.
     Patricia J. Sheridan     
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  March 11, 2015
CBCA 4478
DYNCORP INTERNATIONAL LLC,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Paul E. Pompeo of Arnold & Porter LLP, Washington, DC, counsel for Appellant.
John W. Cox, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Rosslyn, VA, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On March 8, 2015, the parties, by and through counsel, informed the Board that this
matter has been resolved and jointly moved for dismissal.  Accordingly, CBCA 4478 is
DISMISSED WITH PREJUDICE.
________________________________
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: August 19, 2022
CBCA 7286
GLEN/MAR CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Edward T. DeLisle of Offit Kurman, P.A., Plymouth Meeting, PA; and Andrés M.
Vera of Offit Kurman, P.A., Bethesda, MD, counsel for Appellant.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Bend,
OR, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On August 17, 2022, the parties jointly moved to dismiss the above-captioned appeal
pursuant to CBCA Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2021)).  The motion is granted, and
this appeal is DISMISSED WITH PREJUDICE.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE:  May 6, 2014
CBCA 2757, 3266
COMMONWEALTH BUILDING, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Frank Trainor, President of Commonwealth Building, Inc., Quincy, MA, appearing
for Appellant.
James F. H. Scott, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
The parties have advised the Board that this appeal has been settled and have
requested that the appeal be dismissed.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
__________________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  November 30, 2016
CBCA 4804
GERYN HOME HEALTHCARE AGENCY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kathy Van Every of Van Every Creedon PLLC, McKinney, TX, counsel for
Appellant.
Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs,
Houston, TX, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On November 30, 2016, the respondent filed a joint 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.
________________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED:  April 18, 2024
CBCA 8049
JONATHAN A. JOHNSON,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Jonathan A. Johnson, pro se, Dacula, GA.
Nicole Y. Beeler, Office of General Counsel, General Services Administration,
Nashville, TN, counsel for Respondent.
KANG, Board Judge.
ORDER
Appellant filed an appeal of a default termination in connection with a government
auction.  On April 17, 2024, appellant requested to withdraw the appeal based on notice from
respondent that it has canceled the default termination.  Accordingly, we DISMISS the
appeal.
    Jonathan L. Kang       
JONATHAN L. KANG
Board Judge
DISMISSED WITH PREJUDICE: April 27, 2022
CBCA 7276
SECTEK, INC.,
Appellant,
v.
DEPARTMENT OF COMMERCE,
Respondent.
Donald J. Walsh of RKW, LLC, Owings Mills, MD, counsel for Appellant.
Susan E. Sharp and Chieko Clarke, Office of the General Counsel, Patent and Trade
Office, Department of Commerce, Alexandria, VA, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
The parties resolved this case and jointly request dismissal.  Accordingly, this appeal
is DISMISSED WITH PREJUDICE.
  Jerome M. Drummond    
JEROME M. DRUMMOND
Board Judge
DISMISSED FOR LACK OF JURISDICTION: June 4, 2018
CBCA 6102
ALUTIIQ MANAGEMENT SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF LABOR,
Respondent.
Karen Kennedy, General Manager of Alutiiq Management Services, LLC,
Flushing, MI, appearing for Appellant.
Dennis A. Adelson, Office of the Solicitor, Department of Labor, Washington, DC,
counsel for Respondent.
Before Board Judges DRUMMOND, SULLIVAN, and RUSSELL.
SULLIVAN, Board Judge.
Respondent, Department of Labor (DOL), moved to dismiss this appeal for lack of
jurisdiction because it was not timely filed.  Appellant, Alutiiq Management Services, LLC
(Alutiiq), acknowledges that its appeal was untimely and does not oppose DOL’s motion.
Alutiiq received the contracting officer’s decision on December 20, 2017, but did not
file its appeal of that decision until April 26, 2018.  The Contract Disputes Act (CDA)
requires that appeals to the Board be filed within ninety days of receipt of the contracting


CBCA 6102 2
officer’s decision.  41 U.S.C. § 7104(a) (2012).  Because that deadline was not met in this
case, the Board lacks jurisdiction to consider this appeal.  Soto Construction Co. v.
Department of Agriculture, CBCA 3210, 13 BCA ¶ 35,301, at 173,286.
Decision
DOL’s motion is granted.  The appeal is DISMISSED FOR LACK OF
JURISDICTION.    
      Marian E. Sullivan      
MARIAN E. SULLIVAN
Board Judge
We concur:
    Jerome M. Drummond          Beverly M. Russell    
JEROME M. DRUMMOND BEVERLY M. RUSSELL
Board Judge Board Judge
DISMISSED WITHOUT PREJUDICE: April 1, 2014
CBCA 3769
HITT CONTRACTING, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Roger C. Jones and Nicole L. Campbell of Huddles Jones Sorteberg & Dachille, P.C.,
Columbia, MD, counsel for Appellant.
Catherine Crow and Lori R. Shapiro, Office of General Counsel, General Services
Administration, Washington, DC; and Leigh Ann Bunetta, Office of Regional Counsel,
General Services Administration, Lakewood, CO, counsel for Respondent.
SOMERS, Board Judge.
ORDER
On March 31, 2014, HITT Contracting, Inc. notified the Board that it is withdrawing
this appeal and asked that the appeal be dismissed without prejudice.
Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE.
_____________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: November 7, 2018
CBCA 5763, 5910
MCCARTHY BUILDING COMPANIES, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Eric L. Nelson and Harry Z. Rippeon III of Smith, Currie & Hancock LLP, Atlanta,
GA, counsel for Appellant.
Lisa A. Buechler and Alexander W. Fichtel, 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 5,
2018, in the above-referenced cases.  The parties state that they have entered into and
fulfilled the terms of a settlement agreement and request that the Board dismiss these appeals
with prejudice.  In accordance with the parties’ request, these appeals are DISMISSED
WITH PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED: July 1, 2011 
CBCA 1803, 1805 
6TH AND E ASSOCIATES, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Brett D. Orlove of Grossberg, Yochelson, Fox & Beyda, LLP, Washington, DC, 
counsel for Appellant. 
Lesley M. Busch, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
On November 20, 2009, 6th and E Associates, LLC, appealed the deemed denial of 
a General Services Administration (GSA) contracting officer concerning claims under 
contract number GS-11B-01864 for payment of preventative maintenance and energy costs 
for special equipment at 600 E Street, N.W., Washington, D.C. 
On June 30, 2011, appellant informed the Board that GSA has paid the amounts due 
and that both CBCA 1803 and CBCA 1805 may be removed from the Board’s docket. 

    
___________________________ 
  
 
2 CBCA 1803, 1805
 
Accordingly, these appeals are DISMISSED .
 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WITH PREJUDICE: November 24, 2015
CBCA 4722
BRIGHTSIDE SERVICES LTD.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Robert B. Newman of Newman & Meeks, Cincinnati, OH, counsel for Appellant.
Lindsay C. Roop, Office of Regional Counsel, Department of Veterans Affairs,
Columbus, OH, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On November 23, 2015, 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.
__________________________
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: August 8, 2022
CBCA 5658, 5854, 7140
CTA I, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia and James Petersen of Manfredonia Law Offices, LLC,
Cresskill, NJ; and William E. Dorris of Kilpatrick Townsend & Stockton LLP, Atlanta, GA,
counsel for Appellant.
Harold W. Askins III, Office of General Counsel, Department of Veterans Affairs,
Charleston, SC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice.  Accordingly,
the consolidated appeals are DISMISSED WITH PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE: April 21, 2021
CBCA 6923
ALIA ARMAN LTD,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Alia Arman, Director, Alia Arman LTD, Sarasota, FL, appearing for Appellant.
Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Washington, DC, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties jointly report that the respondent paid the appellant’s claim, and they
request dismissal.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
DISMISSED WITHOUT PREJUDICE:  December 15, 2025
CBCA 8682, 8683
AMERESCO, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Ron R. Hutchinson of Doyle & Bachman LLP, McLean, VA, counsel for Appellant.
Kathleen Ramos, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On December 11, 2025, the parties jointly requested that these appeals be dismissed
without prejudice.  Accordingly, these appeals are DISMISSED WITHOUT PREJUDICE.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
____________________________ 
                         
                         
DISMISSED:  August 20, 2010 
CBCA 1653 
HPI/GSA PROPERTIES ONE LIMITED PARTNERSHIP, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Scott M. Heimberg and Andrea T. Vavonese of Akin Gump Strauss Hauer & Feld 
LLP, Washington, DC, counsel for Appellant. 
Heather R. Cameron, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
BORWICK, Board Judge. 
ORDER 
On August 19, 2010, the parties reported that they had reached a settlement of this 
matter and moved to dismiss the appeal.  Pursuant to the agreement of the parties and 
Rule 12(c), this appeal is DISMISSED . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED WITH PREJUDICE: July 16, 2018
CBCA 5070, 5859
WILMINGTON NC VA 2011, LLC,
         Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
         Respondent.  
Diana Parks Curran and Hadeel N. Masseoud of Curran Legal Services Group, Inc.,
Johns Creek, GA, counsel for Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent. 
BEARDSLEY, Board Judge.
ORDER
On July 16, 2018, the parties filed a joint stipulation for dismissal with prejudice of
this appeal.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
DISMISSED:  April 29, 2015
CBCA 4456
INTERCONTINENTAL CONSTRUCTION CONTRACTING, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Hal J. Perloff of Husch Blackwell LLP, Washington, DC, counsel for Appellant.
Jay Bernstein, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On April 28, 2015, the parties informed the Board during a status telephone
conference that the parties have resolved their dispute and the contracting officer has
withdrawn the final decision which was the subject of the captioned appeal.  The Board
commends the parties on their efforts in resolving the dispute.  Accordingly, the appeal is
DISMISSED.
________________________________
JONATHAN D. ZISCHKAU
Board Judge
DISMISSED WITH PREJUDICE: December 20, 2019
CBCA 6632
MASTER DESIGN BUILD, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
John M. Manfredonia of Manfredonia Law Offices, LLC, Cresskill, NJ, counsel for
Appellant.
Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs,
Houston, TX, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
The parties have settled the subject appeal and appellant has been paid in full. 
Appellant has requested that the Board dismiss the appeal with prejudice.  Accordingly, this
appeal is DISMISSED WITH PREJUDICE.
  Jerome M. Drummond    
JEROME M. DRUMMOND
Board Judge
_____________________________ 
DISMISSED WITH PREJUDICE:  December 16, 2008
 
CBCA 91, 989
 
ALL STAR METALS, LLC,
 
Appellant, 
v. 
DEPARTMENT OF TRANSPORTATION, 
Respondent. 
William M. Dozier of Vandeventer Black LLP, Norfolk, VA, counsel for Appellant. 
Janis P. Rodriguez and Ryan M. Kabacinski, Office of Chief Counsel, Maritime 
Administration, Department of Transportation, Washington, DC, counsel for Respondent. 
SOMERS, Board Judge. 
ORDER 
On September 15, 2006, and December 4, 2007, appellant, All Star Metals, LLC, 
appealed the final decisions of a Department of Transportation, Maritime Administration 
contracting officer denying appellant’s claims under contract number DTMA1P04057 for 
the disposal of the vessel Protector.  On December 12, 2008, appellant notified the Board 
that these appeals have been settled and requested that the appeals be dismissed with 
prejudice. 
Accordingly, the appeals are DISMISSED WITH PREJUDICE . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED: February 1, 2017
CBCA 5173
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald J. Walsh of Offit Kurman, P.A., Baltimore, MD, counsel for Appellant.
Krishon Gill-Edmond and Jason Fragoso, Office of General Counsel, Department
of Veterans Affairs, Washington, DC, counsel for Respondent
DRUMMOND, Board Judge.
ORDER
The parties have settled this appeal and request that it be dismissed with prejudice. 
Accordingly, this appeal is hereby DISMISSED.
____________________________
JEROME M. DRUMMOND
Board Judge
GRANTED IN PART:  November 17, 2017
CBCA 5700 
ONEIDA COMMUNICATIONS, INC., 
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Nichole D. Atallah, Patrick E. Rothwell, and Sarah L. Nash of PilieroMazza PLLC,
Washington, DC, counsel for Appellant.
Brian C. Caney, Office of the General Counsel, Department of Health and Human
Services, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS (Chair), SULLIVAN, and BEARDSLEY.
SOMERS, Board Judge.
This appeal is currently before the Board on a joint motion for judgment on a
stipulated settlement.  The appeal relates to a claim submitted by appellant, Oneida
Communications, Inc. (Oneida), seeking payment of increased costs in the amount of
$776,124.92 that Oneida incurred due to a contract modification that retroactively
incorporated a wage determination from the U.S. Department of Labor, as well as Federal
Acquisition Regulation (FAR) clauses related to the Service Contract Act of 1965, 41 U.S.C.
§§ 6701-6707 (2012).  On November 14, 2017, the parties stipulated to an award by this
Board to Oneida in the amount of $767,743.91 in full settlement of the claim and the appeal. 


CBCA 5700 2
Both parties stipulate that they will not seek reconsideration of, or relief from the Board’s
decision, and they will not appeal the decision.  
Decision
Pursuant to the parties’ joint motion and Board Rule 25(b) (48 CFR 6101.25(b)(2016),
this appeal is GRANTED.  In accordance with the parties’ stipulation of settlement and joint
request for board stipulation of settlement amount based on settlement agreement, the Board
awards the appellant the sum of $767,743.91 for its claim under the appeal; payment is to be
made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.  
___________________________
JERI K. SOMERS
Board Judge
We concur: 
_______________________________ ______________________________
MARIAN E. SULLIVAN ERICA S. BEARDSLEY
Board Judge Board Judge
DISMISSED WITHOUT PREJUDICE: October 13, 2020
CBCA 6081
PAE GOVERNMENT SERVICES, INC., 
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Robert Nichols and Andrew Victor of Nichols Liu LLP, Washington, DC, counsel for
Appellant.
John W. Cox, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Washington, DC, counsel for Respondent.
BEARDSLEY, Board Judge.
ORDER
On October 9, 2020, the parties jointly moved to dismiss this appeal without
prejudice.  Pursuant to CBCA Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2019)), this appeal is
DISMISSED WITHOUT PREJUDICE.  
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE: October 12, 2018
CBCA 6247
DEVELOPMENT ALTERNATIVES, INC. on behalf of ERSM
(AFGHANISTAN) LIMITED dba EDINBURGH INTERNATIONAL,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Armani Vadiee, Todd M. Garland, and Sean K. Griffin of Smith Pachter
McWhorter PLC, Tysons Corner, VA, counsel for Appellant.
John B. Alumbaugh, Office of the General Counsel, Agency for International
Development, Washington, DC, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
On October 11, 2018, the parties filed a consent motion requesting that the Board
dismiss the above-referenced matter.  In accordance with the parties’ request, this appeal is
DISMISSED WITH PREJUDICE.
    Jeri Kaylene Somers       
JERI KAYLENE SOMERS
Board Judge
GRANTED IN PART:  February 7, 2007 
CBCA 4, 345, 346, 347, 348, 349, 350, 585 
BHANDARI CONSTRUCTORS & CONSULTANTS, INC.,
                                                      Appellant, 
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
                                                      Respondent. 
Linda E. Alario of Alario & Associates,  P.C., Syracuse, NY, counsel for  Appellant. 
Kenneth  B. MacKenz ie, Charlm a J. Quarles, and Phillipa L. Anderson, Office of 
General  Counsel, Department of Veterans Affairs, Washingto n, DC, counsel for Respondent.
 
Before Board Judges McCANN , DRUMMOND , and SHERIDAN .
 
SHERIDAN , Board Judge.
 
On or about January  9, 2007, the respondent, Department of  Veterans Affairs, and the 
appellant,  Bhandari  Constructors & Consultants, Inc., in the  above-referenced appeals filed 
a Joint Motion for Judgment on Stipulated Settlement.  The motion enclosed  the Stipulation 
of Settlement , executed on December 22, 2006, December 27, 2006, and January 4, 2007, 
and entered into by the parties concerning the above-referenced appeals. 
The parties recite th at the issu es which are the subject of these appeals have been 
resolved  and jointly  move that the Board enter judgment in favor of Bhandari Constructors 
& Consultants, Inc. in the amount of $290,100, as follows:  
1. Respondent agrees to pay Appellant the amount of $290,100. 

________________________ 
2 CBCA 4, 345, 346, 347, 348, 349, 350, 585 
2.  This amount represent s a comp lete and equitable adjustment to these 
appeals  and includes all costs, both direct and indirect, including attorney’s 
fees  but not interest.  Interest will be paid in accordanc e w ith the Contract 
Disputes  Act of 1978,  41 U.S.C. §§ 601-613, commencing February 8,  2002, 
the date the contracting officer received Appellant’s certified claim.   Th e 
parties  hereby release each other from all  li ability under Contract No. 
V689C-616,  which  release shall become effective and enforceable only  upon 
receipt  by App ellant  of all amounts due pursuant to this Stipulation of 
Settlement. 
Inasmuch  as the parties have stipulated the equitable adjustment due Bhandari 
Constructors  & Consultants, Inc., their Joint  Motion for Judgment  on Stipulated Settlement 
is granted.  The appeals are GRANTED IN PART . Appellant, Bhandari Constructors & 
Consultants,  Inc., is found entitled to the amount of $290,100, plus  interest commencing 
February  8, 2002, pursuant to the terms and conditions of the Stipulation of Settlement 
entered into by the parties. 
PATRICIA J. SHERIDAN 
Board Judge 
We concur: 
___________________________ ________________________ 
R. ANTHONY McCANN JEROME M. DRUMMOND 
Board Judge Board Judge 

3 CBCA 4, 345, 346, 347, 348, 349, 350, 585 
18346 CBCA 4, 345-350, 585 BHANDARICONSTRUCTORS.DOC 2/7 Reviewed By: PJS/CLH
DISMISSED FOR FAILURE TO PROSECUTE: September 24, 2012
CBCA 2477
HEALTHY RESOURCES ENTERPRISE, INC.,
                                                                      Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
J. Hatcher Graham of J. Hatcher Graham, P.C., Warner Robins, GA, counsel for
Appellant.
Lisa A. Buechler, Office of the Solicitor, Department of the Interior, Lakewood,
CO, counsel for Respondent.
Before Judges HYATT, STEEL, and WALTERS.
WALTERS, Board Judge.
ORDER
On August 9, 2012, the Board received a motion from appellant’s counsel to
withdraw as counsel based on appellant’s alleged “failure to cooperate.”  By order dated
August 14, 2012, the Board directed that, prior to the Board’s permitting withdrawal,
appellant’s counsel join in the submission of a joint status report, then due as of August 27,
2012.  The order further directed that, together with the joint status report, appellant was to
submit a notice of appearance “from its Chief Operations Officer [whose name and address
appellant’s counsel had furnished with its motion]” or “other officer” who would “substitute
as appellant’s representative for appellant’s counsel of record.”


CBCA 2477 2
  A copy of the Board’s August 14 order had been sent by certified mail, return
receipt requested, to appellant’s counsel and to appellant’s office address to the attention of
its Chief Operations Officer, but the return receipt from appellant was never provided.  On
August 28, 2012, the Board received a status report filed solely by respondent’s counsel, in
which she stated that she was unable to make contact with appellant’s counsel and was
forced to submit the report alone. Upon receipt of respondent’s status report, the Board itself
attempted unsuccessfully to contact both appellant’s counsel and appellant’s Chief
Operations Officer. 
The Board, on August 28, 2012, ordered the appellant to show cause on or before 
September 14, 2012, as to why the instant appeal should not be dismissed with prejudice for
appellant’s failure to prosecute.  Copies of the Board’s order had been transmitted both to
appellant (to the attention of its Chief Operations Officer) and to appellant’s former counsel
of record by certified mail, return receipt requested.  In this instance, the Board did receive
United States Postal Service delivery confirmation from both appellant and appellant’s
former counsel, but no response of any kind was filed by either to the Board’s order to show
cause.  It appears that appellant does not intend to pursue its appeal before this Board at this
time.
Decision
Accordingly, pursuant to Board Rule 12(c), the appeal hereby is DISMISSED FOR
FAILURE TO PROSECUTE .  
_________________________
RICHARD C. WALTERS
Board Judge
We concur:
_________________________ _________________________
CATHERINE B. HYATT CANDIDA S. STEEL
Board Judge Board Judge
DISMISSED WITH PREJUDICE: January 17, 2020
CBCA 6569
MARE SOLUTIONS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
James R. Mall of Meyer, Unkovic & Scott LLP, Pittsburgh, PA, counsel for
Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
Pursuant to Board Rule 12(b)(2), appellant, Mare Solutions, moved the Board for
dismissal of this case with prejudice.  Appellant’s motion is granted.  Accordingly, this
appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke     
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: September 28, 2020
CBCA 6599
B3 ENTERPRISES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Johnathan M. Bailey and Kristin E. Zachman of Bailey & Bailey, P.C., San Antonio,
TX, counsel for Appellant.
Neil S. Deol, Litigation Counsel, Department of Veterans Affairs, Decatur, GA,
counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On September 22, 2020, the parties jointly moved to have this appeal dismissed. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
  Patricia J. Sheridan       
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE: September 21, 2012 
CBCA 2638 
LAWRENCE F. FRAGOMELI, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTRATION,
 
Respondent. 
Lawrence F. Fragomeli, pro se, Fort Worth, TX. 
Nirlip K. Syan, Office of Regional Counsel, General Services Administration, 
San Francisco, CA, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
The parties have entered into a settlement agreement and appellant has received 
payment from respondent. Consequently, appellant has asked that this appeal be dismissed 
with prejudice. Respondent does not oppose. Accordingly, this case is DISMISSED WITH 
PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
DISMISSED WITH PREJUDICE: September 15, 2016
CBCA 5111
UNION REFORESTERS,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Jorge E. Acevedo, Owner of Union Reforesters, Redding, CA, appearing for
Appellant.
Marnie G. Ganotis, Office of the General Counsel, Department of Agriculture, San
Francisco, CA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
Under a contract with the United States Forest Service, an entity within the
Department of Agriculture, Union Reforesters applied herbicide to vegetation growing near
young trees in the Eldorado National Forest in California.  Union Reforesters claimed that
in addition to the contract price, it was entitled to payment in the amount of $218,618.65 to
cover “Cost Overruns, Indirect Labor, Change in Work Sites and Work Stoppages due to
excessive winds, additional Labor Costs due to protecting trees while spraying, extra costs
in the use of herbicides and added and necessary equipment to perform the work on this
Contract.”  The contracting officer denied the claim, and the contractor appealed his decision.


CBCA 5111 2
As a result of mediation with Board Judge Kathleen J. O’Rourke, the parties have
resolved their dispute and asked the Board to dismiss the appeal with prejudice.
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge