GRANTED IN PART: April 3, 2008 
CBCA 19, 864 
ANGEL MENENDEZ ENVIRONMENTAL SERVICES, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Laurence Schor and Dennis C. Ehlers of McManus, Schor, Asmar & Darden, LLP, 
Washington, DC, counsel for Appellant. 
Stacey North Willis, Office of the General Counsel, Department of Veterans Affairs, 
Washington, DC, counsel for Respondent. 
Before Board Judges DANIELS  (Chairman), VERGILIO , and WALTERS . 
WALTERS , Board Judge. 
Appellant, Angel Menendez Environmental Services, Inc. (AMES) and respondent, 
the Department of Veterans Affairs (VA), were parties to contract V101DC0211 (contract) 
for the design and construction of the New Mental Health Outpatient Facility Building at 
the VA Medical Center, Tucson, Arizona (a so-called “design-build” contract). 
VA awarded this contract to AMES on September 29, 2005, in the amount of 
$11,200,000. The instant appeals arose from the VA’s default termination of the contract 
and the contracting officer’s subsequent denial of AMES’ termination claim in the amount 
of  “$747,278.54 plus interest under the Prompt Payment Act and Contract Disputes Act.” 

    
            
  
          
 
    
   
 
 
       
 
      
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2 CBCA 19, 864 
On March 12, 2008, the parties filed with the Board a settlement agreement together 
with a joint motion for judgment on the settlement agreement and stipulation of award. 
The settlement agreement calls for the VA to convert the default termination to one for the 
convenience of the Government, for the entry of judgment in favor of the appellant in the 
amount of $410,000, and for the payment of said amount to AMES from the permanent 
indefinite judgment fund, 31 U.S.C. § 1304. The agreement further provides for the VA 
to give AMES no less than a “neutral” performance rating or its equivalent.  The agreement 
also states that “[a]s required by Board Rule 25(b), the parties agree that they will not seek 
reconsideration of, or relief from, the Board’s decision or appeal the decision.”  To this 
end, the joint motion is also accompanied by a standard Appellant/Applicant Certificate of 
Finality form dated March 6, 2008, executed by AMES’ vice president. 
Although the joint motion had requested that the Board “retain jurisdiction to 
enforce the Settlement Agreement,” the parties have advised the Board that the VA has 
since provided a performance rating for AMES in compliance with the terms of the 
settlement agreement and that they therefore no longer are requesting the Board’s retention 
of jurisdiction. 
Decision 
Accordingly, the appeals are GRANTED IN PART .  In accordance with the 
parties’ joint stipulation, the Board rules that the default termination at issue be converted 
to one for the convenience of the Government  and awards appellant the sum of $410,000 
inclusive of interest under the Contract Disputes Act of 1978, 41 U.S.C. § 611 (2000), to 
be paid from the  permanent indefinite judgment fund, 31 U.S.C. § 1304. 
RICHARD C. WALTERS 
Board Judge 
We concur: 
STEPHEN M. DANIELS JOSEPH A. VERGILIO 
Board Judge Board Judge 

     
3 CBCA 19, 864 
#19299 CBCA19, 864 Angel Menendez Environmental Services Inc. Judgment Order.wpd 
4/3/08 Reviewed by: RCW/CLH