Kmisener/CBCA_Full huggingface dataset:
GRANTED IN PART: May 10, 2012 
CBCA 1460 
WALSH/DAVIS JOINT VENTURE, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Martin R. Salzman of Hendrick Phillips Salzman & Flatt PC, Atlanta, GA, counsel 
for Appellant. 
Dalton F. Phillips 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. 
We have considered on many occasions claims brought by the General Services 
Administration (GSA) against Walsh/Davis Joint Venture (WDJV), and by WDJV against 
GSA, under a contract between the two parties for the construction of a complex of buildings 
in Washington, D.C., to serve as the headquarters of the Department of Justice’s Bureau of 
Alcohol, Tobacco, Firearms and Explosives. On the most recent of these occasions, we held 
that WDJV is entitled to recover from GSA the costs of cumulative labor inefficiencies 
incurred by WDJV subcontractor AES Electrical, Inc. d/b/a/ Freestate Electrical Construction 
Company (Freestate) from November 2006 until the end of the project – but not before 

 
          
    
               
           
           
              
             
               
              
   
             
            
   
          
_________________________ 
  
 
 
_________________________ _________________________ 
    
  
2 CBCA 1460 
November 2006. Walsh/Davis Joint Venture v. General Services Administration , CBCA 
1460, 12-1 BCA ¶ 34,968. 
The parties have now filed a motion for a stipulated award of money from GSA to 
WDJV in payment for the cumulative labor inefficiencies incurred by Freestate beginning 
in November 2006. Rule 25(b) (48 CFR 6101.25(b) (2011)). The motion provides that the 
amount of the award shall be $440,000 plus interest, at rates prescribed pursuant to the 
Contract Disputes Act, 41 U.S.C.A. § 7109(b) (West Supp. 2011), from November 2, 2007, 
until the date of payment. In the motion, the parties represent that neither will seek 
reconsideration of or relief from a decision which makes such an award, and neither will 
appeal such a decision. 
Decision 
The appeal is GRANTED IN PART . We award to Walsh/Davis Joint Venture the 
agreed-upon amount of $440,000 plus interest, at rates prescribed pursuant to the Contract 
Disputes Act, from November 2, 2007, until the date of payment.  This money is to be paid 
from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006). 
STEPHEN M. DANIELS 
Board Judge 
We concur: 
JAMES L. STERN CATHERINE B. HYATT 
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  May 18, 2026
CBCA 8714
UNITED NETWORK FOR ORGAN SHARING,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Elizabeth Trende of United Network for Organ Sharing, Richmond, VA, counsel for
Appellant.
Lucy Mac Gabhann, Office of the General Counsel, Department of Health and Human
Services, Baltimore, MD, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
By motion filed May 15, 2026, appellant seeks dismissal of the appeal with prejudice,
pursuant to Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2025)), stating that the parties have
resolved the underlying dispute.  The motion is granted.  The appeal is DISMISSED WITH
PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DISMISSED WITH PREJUDICE: December 23, 2019
CBCA 6132
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Donald J. Walsh of Wright, Constable & Skeen, LLP, Baltimore, MD, counsel for
Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA; and Donald C. Mobly, Office of General Counsel, Department of Veterans Affairs,
Denver, CO, counsel for Respondent.
CHADWICK, Board Judge.
ORDER
The parties settled this case and jointly request dismissal with prejudice.  Accordingly,
the appeal is DISMISSED WITH PREJUDICE.
  Kyle Chadwick             
KYLE CHADWICK
Board Judge
DISMISSED WITH PREJUDICE:  November 13, 2020
CBCA 6391
R.A. GLANCY & SONS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Joseph A. Camardo, Jr. 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, Department of Veterans
Affairs, Denver, CO, counsel for Respondent.
SOMERS, Board Judge (Chair).
ORDER
On November 12, 2020, the parties filed a joint stipulation of dismissal with prejudice
in the above-referenced matter.  In accordance with the parties’ request, this appeal is
DISMISSED WITH PREJUDICE.
    Jeri Kaylene Somers       
JERI KAYLENE SOMERS
Board Judge
______________________ 
  
 
DISMISSED WITH PREJUDICE: January 3, 2012 
CBCA 2636 
O’NEAL TECHNOLOGIES, INC., 
Appellant, 
v. 
SMALL BUSINESS ADMINISTRATION, 
Respondent. 
John R. Tolle of Barton, Baker, Thomas & Tolle, LLP, McLean, VA, counsel for 
Appellant. 
Sam Q. Le, Office of General Counsel, Small Business Administration, Washington, 
DC, counsel for Respondent. 
KULLBERG , Board Judge. 
ORDER 
On November 29, 2011, the Board docketed this appeal. On December 28, 2011, 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
GRANTED IN PART: July 11, 2012 
CBCA 2561 
MEDICAL CONSTRUCTION GROUP, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Charles W. Surasky of Smith, Currie & Hancock LLP, Atlanta, GA, counsel for 
Appellant. 
Tracy Downing, Office of the Regional Counsel, Department of Veterans Affairs, 
Nashville, TN, counsel for Respondent. 
Before Board Judges BORWICK , GOODMAN , and McCANN . 
McCANN , Board Judge. 
Appellant, Medical Construction Group, appealed the denial by a contracting officer 
of respondent, the Department of Veterans Affairs, of appellant’s certified claim in the 
amount of $1,150,604, plus an increase in time to complete the contract of 422 days. On 
June 27, 2012, pursuant to Board Rule 25(b) (48 CFR 6101.25(b) (2011), the parties 
submitted a joint stipulation setting forth the amount of the award of $746,000. The 
stipulation states that the parties will not seek reconsideration of, or relief from, the Board’s 
decision, and they will not appeal the decision. With respect to this decision issued pursuant 
to the stipulation, appellant and respondent waive their rights to reconsideration under Rule 
26, their rights to relief from judgement under Rule 27, and their rights to appeal the 

 
            
                
        
________________________ 
  
 
  
                                                                                             
    
  
2 CBCA 2561 
decision. 
Decision 
Pursuant to the parties’ motion for stipulated award, the Board GRANTS the appeal 
IN PART . Appellant is awarded a total of $746,000. Payment may be made from the 
permanent indefinite judgment fund, 31 U.S.C. § 1304 (2006). 
R. ANTHONY MCCANN 
Board Judge 
We concur: 
ANTHONY S. BORWICK ALLAN H. GOODMAN 
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  September 10, 2024
CBCA 7078
STEALTH ENTRY CYBER SECURITY SOLUTIONS/
STEALTH RESEARCH LABS CTOC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Ian Cronogue of Baker, Cronogue, Tolle & Werfel, LLP, McLean, VA, counsel for
Appellant.
James Braswell and Michael C. Evans, Office of General Counsel, General Services
Administration, Washington, DC, counsel for Respondent.
VOLK, Board Judge.
ORDER
In accordance with the parties’ September 9, 2024, joint motion to dismiss and Board
Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2023)), this appeal is DISMISSED WITH
PREJUDICE.
     Daniel B. Volk               
DANIEL B. VOLK
Board Judge
GRANTED IN PART: April 7, 2011 
CBCA 1960 
JOHNSON CONTROLS GOVERNMENT SYSTEMS, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
David R. Johnson and Jamie F. Tabb of Vinson & Elkins LLP, Washington, DC, 
counsel for Appellant. 
Joylyn Winter, Phillipa L. Anderson, and Cameron Gore, Office of the General 
Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. 
Before Board Judges GILMORE , POLLACK , and KULLBERG . 
KULLBERG , Board Judge. 
On March 30, 2010, the Board docketed the appeal of Johnson Controls Government 
Systems, LLC (JCGS). On March 29, 2011, the parties submitted to the Board executed 
copies of a joint motion for judgment on stipulated settlement, a stipulation of settlement, and 
a certificate of finality, which settled this appeal and other claims related to the contract that 
had not yet been appealed. In an addendum to their settlement agreement, which the Board 
received on April 4, 2011, the parties requested that the Board enter judgment in the amount 
of $7,217,432 with payment to be made through the judgment fund in accordance with 

 
                  
             
              
             
                
   
  
 
 
    
   
2 CBCA 1960 
31 U.S.C. § 1304 (2006) and 41 U.S.C. § 7108. The parties have agreed that they will not 
seek reconsideration of, or relief from, the Board’s decision, and each party will be 
responsible for its costs, attorney fees, and expenses incurred in the litigation of this appeal. 
Decision 
The Board GRANTS IN PART the appeal. The Government shall pay appellant the 
sum of $7,217,432. Payment shall be made from the judgement fund. 31 U.S.C. § 1304; 
41 U.S.C. § 7108. 
______________________ 
H. CHUCK KULLBERG 
Board Judge 
We concur: 
_______________________ _______________________ 
BERYL S. GILMORE HOWARD A. POLLACK 
Board Judge Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  February 8, 2008 
CBCA 398 
COOPER CONSTRUCTION, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Lawrence J. Sklute of Sklute & Associates, Rockville, MD, counsel for Appellant. 
Thomas Y. Hawkins, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
DeGRAFF , Board Judge. 
ORDER 
On November 3, 2004, Cooper Construction, Inc., filed a notice of appeal in 
connection with a dispute under contract number GS06P02GYC0010, for steam piping and 
fin tube replacement at the Federal Record Center in Overland, Missouri.  On February 7, 
2008, the parties filed a joint stipulation for dismissal with prejudice, stating they have 
settled the dispute. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
MARTHA H. DeGRAFF 
Board Judge
GRANTED IN PART: September 30, 2016
CBCA 5212, 5213
VETERANS CONTRACTING GROUP, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Paul G. Ryan of Welby, Brady & Greenblatt, LLP, White Plains, NY, counsel for
Appellant.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur,
GA, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and WALTERS.
DANIELS, Board Judge.
The Department of Veterans Affairs contracted with Veterans Contracting Group, Inc.
(VCG) to make certain repairs and modifications to the mechanical room/chiller plant floor
at the James J. Peters Veterans Affairs Medical Center in Bronx, New York.  VCG submitted
to the contracting officer two claims with which we are concerned – one in the amount of
$104,717.17, for modifying the switch gear to allow for temporary cooling, and another in
the amount of $55,232.11, for adding a fourth temporary chiller and redesigning the electrical
work to accommodate it.  The contracting officer did not issue a decision on either claim. 
VCG appealed from the deemed denial of the claims, and we docketed the appeals as CBCA
5212 (switch gear claim) and 5213 (fourth chiller claim).
Through mediation conducted by Board Judge Kyle Chadwick, the parties have
resolved their dispute voluntarily.  They have jointly moved the Board to award to VCG the


CBCA 5212, 5213 2
sum of $107,600, inclusive of interest, as “full and complete settlement of all costs, direct
and indirect, arising out of or relating to the Contract and the appeals.”  VCG has agreed not
to pursue reimbursement of attorney fees.  The parties state 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 Veterans Contracting
Group, Inc. the sum of $107,600, inclusive of interest.  Rule 25(b) (48 CFR 6101.25(b)
(2015)).  To the extent that the Department of Veterans Affairs does not make this payment
directly to the contractor, payment may be made from the permanent indefinite judgment
fund.  41 U.S.C. § 7108(a) (2012) (referencing 31 U.S.C. § 1304).
_________________________
STEPHEN M. DANIELS
Board Judge
We concur:
________________________ _________________________
JOSEPH A. VERGILIO RICHARD C. WALTERS
Board Judge Board Judge
DISMISSED WITH PREJUDICE: June 2, 2011 
CBCA 2418 
RED WILK CONSTRUCTION, INC., 
Appellant, 
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
 
Respondent. 
Jim Petersen of Manfredonia Law Offices, LLC, Cresskilll, NJ, counsel for Appellant. 
Russ Emery, Office of Regional Counsel, Department of Veterans Affairs, Denver, 
CO, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
Red Wilk Construction, Inc. was awarded a contract with the Department of Veterans 
Affairs (VA) for design-build renovation work at the VA Medical Center in Sheridan, 
Wyoming. Appellant’s contract was subsequently terminated for default, which led to this 
appeal. 
The parties have filed a joint motion for dismissal stating that the VA has converted 
appellant’s termination for default to a termination for convenience, and requesting the 
appeal be dismissed as moot. 

 
          
__________________________ 
  
 
2 CBCA 2418 
In accordance with the parties’ request, the appeal is DISMISSED WITH 
PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE: June 23, 2017
CBCA 5546
CHAPMAN FREEBORN AIRCHARTERING, INC.,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Matthew P. Vafidis of Holland & Knight, LLP, San Francisco, CA; and David S.
Black of Holland & Knight LLP, Tysons, VA, counsel for Appellant.
R. René Dupuy, Office of the General Counsel, Agency for International
Development, Washington, DC, counsel for Respondent.
DANIELS, Board Judge (Chairman).
ORDER
Chapman Freeborn Airchartering, Inc. appealed the decision of an Agency for
International Development contracting officer denying the contractor’s claim for $648,364
as compensation for the cancellation of a contract for aviation services.  The parties have
resolved their differences through mediation conducted by Board Judge Allan H. Goodman
and have jointly moved for dismissal of the appeal.


CBCA 5546 2
Accordingly, the appeal is DISMISSED WITH PREJUDICE.
_________________________
STEPHEN M. DANIELS
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE:  February 1, 2010
 
CBCA 1563
 
TTARECOVERY,
 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Chris Rigney of TTARecovery, Fayetteville, GA, appearing for Appellant. 
Kathleen K. Barksdale, Office of Regional Counsel, General Services Administration, 
Philadelphia, PA, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have settled the instant appeal, have advised that their settlement has been 
implemented fully, and have jointly requested that the appeal be dismissed with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
DISMISSED: February 4, 2008 
CBCA 900 
UT-BATTELLE, LLC, 
Appellant, 
v. 
DEPARTMENT OF ENERGY, 
Respondent. 
Quinn Windham, Assistant General Counsel of UT-Battelle, LLC, Oak Ridge, TN, 
counsel for Appellant. 
Wendy E. Bryant and Kristopher D. Muse, Office of General Counsel, Department 
of Energy, Oak Ridge, TN, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
UT-Battelle, LLC is the management and operating contractor of the Oak Ridge 
National Laboratory, a facility owned by the Department of Energy.  In 2006, an employee 
of UT-Battelle filed a claim with the Tennessee Human Rights Commission, alleging that she 
had been exposed to inappropriate material in the workplace and that such exposure 
constituted sexual harassment.  According to UT-Battelle, the parties voluntarily resolved the 
employee’s claim for a gross amount of approximately $7400.  UT-Battelle maintained that 
the claim was without merit but that it settled because the agreed-upon amount was far less 
than the cost of legal fees the contractor would have incurred if it had had to litigate the 

 
 
 
 
 
  
   
  
 
 
    
 
 
_________________________ 
2 CBCA 900 
matter.  UT-Battelle then asked the Department of Energy to reimburse it for the settlement 
payment. 
The department’s contracting officer believed that this cost was not reimbursable 
because “a major reason for the misconduct exhibited in this case was due to UT-Battelle not 
having an effective sexual harassment policy in place for its employees and its failure to 
enforce the policy that is in place.”  UT-Battelle then submitted a claim for the $7400 at 
issue, maintaining that the settlement cost was reasonable and that reimbursement was 
allowable under the contract.  The contractor asserted that it had an effective sexual 
harassment policy and enforced that policy.  The contracting officer disagreed and formally 
denied the claim.  UT-Battelle appealed his decision to this Board, which docketed the case 
as CBCA 900. 
On January 16, 2008, while the case was pending here, the contracting officer wrote 
to UT-Battelle, “I have reconsidered my decision and, in full relief of UT-Battelle’s present 
claim (CBCA 900), the settlement costs in the amount of $7,400 are hereby deemed 
allowable under the contract along with any associated interest provided under the Contract 
Disputes Act.” On February 1, UT-Battelle asked the Board to dismiss the case, given that 
the contracting officer had vacated the decision from which the appeal had been taken by 
agreeing to pay everything sought in the contractor’s claim. 
Accordingly, the case is DISMISSED . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE: August 26, 2022
CBCA 7444
CSP ENTERPRISES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Jonathan Williams and Eric A. Valle of PilieroMazza PLLC, Washington, DC,
counsel for Appellant.
Sarah E. Park, Office of General Counsel, General Services Administration,
Washington, DC; and Fallyme E. Guerrero, Office of General Counsel, General Services
Administration, Kansas City, MO, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On August 24, 2022, the parties filed a joint motion to dismiss this appeal, stating that
they have executed a settlement agreement and requesting dismissal with prejudice. 
Accordingly, the motion is granted and this appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: April 30, 2015
CBCA 4606
NIMALKA SRILAL WIJESOORIYA,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Nimalka Srilal Wijesooriya, pro se, Santa Fe, NM.
Scott Risner and William Buckhold, Office of the General Counsel, Agency for
International Development, Washington, DC, counsel for Respondent.
SOMERS, Board Judge.
ORDER
Appellant has notified the Board that the parties have reached a settlement agreement
in this matter and requested that the appeal be dismissed with prejudice.  Respondent
consents to the request for dismissal with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: July 24, 2018
CBCA 5812
MATHEMATICA POLICY RESEARCH,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Ron R. Hutchinson of Doyle & Bachman, LLP, Arlington, VA, counsel for Appellant.
Antonio T. Robinson, Office of the General Counsel, Department of Agriculture,
Washington, DC, counsel for Respondent.
HYATT, Board Judge. 
ORDER
On July 23, 2018, appellant, Mathematica Policy Research, filed a motion to dismiss
this appeal with prejudice, advising that the parties have settled this matter and that
respondent concurs in the motion to dismiss.  The motion is granted.  This appeal is
DISMISSED WITH PREJUDICE.
  Catherine B. Hyatt        
CATHERINE B. HYATT
Board Judge
DISMISSED WITH PREJUDICE: July 12, 2011 
CBCA 2343 
LAKESHORE ENGINEERING SERVICES, INC., 
Appellant, 
v. 
AGENCY FOR INTERNATIONAL DEVELOPMENT, 
Respondent. 
Sarah Arnold of Lakeshore Engineering Services, Inc., Detroit, MI, counsel for 
Appellant. 
Sarah Rapawy, Office of the General Counsel, Agency for International Development, 
Washington, DC, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
The Agency for International Development terminated for the convenience of the 
Government a contract with Lakeshore Engineering Services, Inc. for the renovation of a 
dormitory and construction of a dining facility in Afghanistan. The contractor submitted a 
termination for convenience settlement proposal. When the agency did not act on that 
proposal, the contractor resubmitted it as a certified claim in the amount of $600,202. 
Subsequently, the contractor appealed to the Board from the agency’s deemed denial of the 
claim. 

 
              
               
   
      
_________________________ 
  
 
2 CBCA 2343 
The parties have now settled the case. The agency has paid to the contractor 
$494,571, inclusive of interest, and the parties have asked the Board to dismiss the case with 
prejudice to its reinstatement. 
Accordingly, the case is DISMISSED WITH PREJUDICE . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE:  July 8, 2026
CBCA 8873
SYSTEMS INTEGRATED, LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Phil B. Abernethy and Samuel D. Gregory of Butler Snow LLP, Ridgeland, MS,
counsel for Appellant.
Ryan A. Black, Office of the Solicitor, Department of the Interior, Salt Lake City, UT,
counsel for Respondent.
GOODMAN, Board Judge.
ORDER
On July 7, 2026, the parties filed a joint motion to dismiss this appeal with prejudice,
representing that they have settled the claims identified in the appeal.  Accordingly, the
appeal is DISMISSED WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE:  September 21, 2023
CBCA 7752
INTEGRATED CONSTRUCTION SERVICES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Fernando Barnés Rosich and Rebeca Barnés Rosich of Bufete Barnés Rosich, C.S.P.,
Ponce, PR, counsel for Appellant.
Alexander C. Vincent, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SHERIDAN, Board Judge.
ORDER
On September 19, 2023, the parties jointly moved the Board to dismiss this appeal
with prejudice, in accordance with Board Rule 12(b) (48 CFR 6101.12(b) (2022)).  The
parties stated that they have fully effectuated a settlement agreement resolving the claims in
this appeal.  The motion is granted.  The appeal is DISMISSED WITH PREJUDICE.
    Patricia J. Sheridan      
PATRICIA J. SHERIDAN
Board Judge
DISMISSED WITH PREJUDICE:  March 25, 2016
CBCA 5096
ALL BUSINESS MACHINES, INC., DBA ATTAINIT,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
G. Matthew Koehl of Pepper Hamilton, LLP, Washington, DC, counsel for Appellant.
Sarah T. Zaffina, Office of the Solicitor, Department of the Interior, Washington, DC,
counsel for Respondent.
POLLACK, Board Judge.
ORDER
On March 24, 2016, 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.
__________________________
HOWARD A. POLLACK
Board Judge
DISMISSED FOR LACK OF JURISDICTION: November 28, 2017
CBCA 5856
LUMAR INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Jerry Martinez, Owner of LUMAR Inc., Mora, NM, appearing for Appellant.
Daniel B. Rosenbluth, Office of the General Counsel, Department of Agriculture,
Lakewood, CO, counsel for Respondent.
Before Board Judges VERGILIO, SHERIDAN, and LESTER.
VERGILIO, Board Judge.
On September 18, 2017, the Board received from LUMAR Inc. a notice of appeal
concerning its lease, 57-8C30-15-0010, with the Department of Agriculture.  The submission
includes a contracting officer decision which is said to deny the underlying contractor claim
for a lump sum payment of $101,329.39 associated with the termination for convenience of
the contract.  The contractor has provided no evidence, in response to an order to show cause,
that a certified claim was submitted to the contracting officer.  Based upon the record, the
Board concludes that a properly certified claim was not presented to the contracting officer. 
A certified claim, a necessary prerequisite for this Board’s jurisdiction over this appeal, is
lacking.  41 U.S.C. § 7103(b) (2012).  Well-established case law so interprets the statute and
also provides guidance this contractor may find beneficial, in that the “only recourse is to
proceed properly under the Act. ‘The proper course of action—for a contractor whose case
is dismissed for lack of jurisdiction—is the following: (1) properly certify the claim; (2)


CBCA 5856 2
resubmit the claim to the contracting officer; and (3) if there is then an adverse contracting
officer’s decision, appeal either to the board . . . or directly to [the Court of Federal
Claims].’”  W.M. Schlosser Co. v. United States, 705 F.2d 1336, 1340 (Fed. Cir. 1983)
(internal citation omitted and court name updated).
Decision
The Board does not reach the merits of the appeal; instead, the appeal is DISMISSED
FOR LACK OF JURISDICTION.
____________________________
JOSEPH A. VERGILIO
Board Judge
We concur:
____________________________ ____________________________
PATRICIA J. SHERIDAN HAROLD D. LESTER, JR.
Board Judge Board Judge
__________________________ 
DISMISSED:  February 5, 2007 
CBCA 132       
LABORATORY AUTOMATION SOLUTIONS, INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Kelly  A. Klepinger, President  and Chief Executive Officer of Laboratory Automation 
Solutions, Inc., Beavercreek, OH, appearing for Appellant. 
Heather  M. Self, O ffic e of the General Counsel, Department of Agriculture, 
Washington, DC, counsel for Respondent. 
POLLACK , Board Judge. 
ORDER 
On December 14,  2006, counsel for respondent advised the Board that the parties had 
reached  a settlement of this matter and  provided the Board  with a formal motion to dismiss. 
Pursuant to the agreement of the parties, this appeal is DISMISSED. 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE: October 28, 2021
CBCA 6670
CHENEGA TECHNICAL INNOVATIONS, LLC,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Kenneth A. Martin of Martin Law Firm, McLean, VA; and William K. Walker of
Walker Reausaw, Washington, DC, counsel for Appellant.
Randal W. Wax, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On October 12, 2021, the parties filed a joint stipulation for dismissal with prejudice
of the captioned appeal.  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: April 7, 2009 
CBCA 1529 
CALIFORNIA CUSTOM DOCKS CORPORATION,
                                                                       Appellant, 
v.
 
DEPARTMENT OF THE INTERIOR,
                                                                        Respondent. 
Todd A. Murray, Sacramento, CA, counsel for Appellant. 
Carolyn A. Lown, Office of the Solictor, Department of the Interior, Oakland, CA, 
counsel for Respondent. 
SHERIDAN, Board Judge. 
ORDER 
On April 2, 2009, the parties filed with the Board a joint stipulation of dismissal with 
prejudice.  In the joint stipulation, the parties represent that they have reached settlement in 
the amount of $23,167, with each party bearing its own costs.  The parties request that this 
appeal be dismissed with prejudice. 
Accordingly, this appeal is DISMISSED . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED WITH PREJUDICE: October 23, 2017
CBCA 5573
TRIPARTITE JOINT VENTURE BETWEEN G4S SECURE SOLUTIONS
(PUERTO RICO), INC., G4S SECURE SOLUTIONS INTERNATIONAL, INC. AND
G4S SECURITY SERVICES A/S,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Eduardo F. Rodriguez of EFR Law Firm, Coral Gables, FL, counsel for Appellant.
Dennis J. Gallagher, Office of the Legal Adviser, Buildings and Acquisitions,
Department of State, Rosslyn, VA, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On October 18, 2017, the parties filed a joint request to dismiss this matter, advising
the Board that the parties had successfully settled the appeal.  The Board commends the
parties on their settlement, and consistent with the parties’ request, this appeal is
DISMISSED WITH PREJUDICE.
__________________________________
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE: April 7, 2020
CBCA 6690
JBG/FEDERAL CENTER, L.L.C.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Stuart W. Turner and Michael E. Samuels of Arnold & Porter Kaye Scholer LLP,
Washington, DC, counsel for Appellant.
Catherine Crow, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
JBG/Federal Center, L.L.C. (contractor) and the General Services Administration have
resolved the dispute. As requested by the contractor, the Board DISMISSES WITH
PREJUDICE the appeal.
Joseph A. Vergilio
JOSEPH A. VERGILIO
Board Judge
DISMISSED:  December 8, 2022
CBCA 7556
U.S. ARMY TACTICAL SUPPLY,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Mohammad Wali Mohammad, Manager of U.S. Army Tactical Supply, Kuwait City,
Kuwait, appearing for Appellant.
Randal W. Wax, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Washington, DC, counsel for Respondent.
Before Board Judges DRUMMOND, KULLBERG, and O’ROURKE.
KULLBERG, Board Judge.
On October 27, 2022, the Board docketed the most recent appeal of United States
Army Tactical Supply (USATS), which appeals the denial of its claim for the cost of
materials delivered to the United States Embassy, Bangui, Central African Republic.  On that
same date, the Board issued to USATS an order to show cause why this appeal should not
be dismissed, citing the previous dismissals of its appeals of the same claim.  U.S. Army
Tactical Supply v. Department of State, CBCA 7376, 22-1 BCA ¶ 38,170; U.S. Army Tactical
Supply v. Department of State, CBCA 6417 (Jan. 11, 2021) (dismissed with prejudice). 
USATS subsequently responded to the Board’s order but only reiterated arguments that the
Board has previously addressed.


CBCA 7556 2
USATS has improperly attempted again to litigate a claim that has been repeatedly
dismissed.  The previous dismissal with prejudice of USATS’ earlier appeal, CBCA 6417,
was a final adjudication of its claim.  See U.S. Army Tactical Supply, 22-1 BCA at
185,376.  Accordingly, the Board finds no alternative but to dismiss this appeal.  In light of
USATS’ persistence in repeatedly appealing a claim that has been adjudicated with finality,
any future appeals of that claim will be returned without further action by the Board.
Decision
The appeal is DISMISSED.
    H. Chuck Kullberg         
H. CHUCK KULLBERG
Board Judge
We concur:
  Jerome M. Drummond       Kathleen J. O’Rourke    
JEROME M. DRUMMOND KATHLEEN J. O’ROURKE
Board Judge Board Judge
DISMISSED: October 21, 2009 
CBCA 1754 
YOUNAN PROPERTIES, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
John Cook, Vice President of Asset Management, Texas, Younan Properties, Inc., 
Dallas, TX, appearing for Appellant. 
Mel E. Myers, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
Younan Properties, Inc. (Younan) asked the Board to direct the General Services 
Administration to pay invoices in the amount of $38,390.53 which Younan had submitted 
under a contract for the lease of space in a building in Houston, Texas.  Younan explained 
that it had asked the contracting officer to make payment and that she had refused to do so. 
At a preliminary telephonic conference, Younan acknowledged that it had not made 
a claim for the amount in dispute.  It said that it would file such a claim and, if not satisfied 
with the contracting officer’s decision on the claim, would appeal that decision to the Board. 

 
_________________________ 
2 CBCA 1754 
Younan requested that the Board dismiss the pending case, recognizing that the case has not 
been properly placed before us. 
This case is DISMISSED . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE: January 20, 2016
CBCA 4839
BURSON-MARSTELLER, USA,
Appellant,
v.
DEPARTMENT OF THE TREASURY,
Respondent.
James Y. Boland of Venable LLP, Tysons Corner, VA; and D. Edward Wilson, Jr. of
Venable LLP, Washington, DC, counsel for Appellant.
Sidney Rocke and Rachel McGuane, Office of the Chief Counsel, Bureau of
Engraving and Printing, Department of the Treasury, Washington, DC, counsel for
Respondent.
KULLBERG, Board Judge.
ORDER
On January 19, 2016, 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:  April 3, 2008 
CBCA 147, 170, 175, 230, 231, 232, 239 
SOUTHERN CALIFORNIA ENGINEERING, INC., 
Appellant, 
v.
 
DEPARTMENT OF THE INTERIOR,
 
Respondent. 
Thomas M. Finrow, La Mesa, CA, counsel for Appellant. 
Daniel L. Jackson, Office of the Field Solicitor, Department of the Interior, Phoenix, 
AZ, counsel for Respondent. 
McCANN , Board Judge. 
ORDER 
Appellant, Southern California Engineering, Inc., appealed three final decisions of a 
Department of the Interior contracting officer denying appellant’s claims under Bureau of 
Reclamation contract numbers 00-CC-30-0018, 01-CC-30-0042, and 04-CC-30-0102.  On 
April 1, 2008, the parties filed a joint motion stating that the parties “hereby stipulate to 
dismiss, with prejudice, all above-captioned appeals.” 
Accordingly, the appeals are DISMISSED WITH PREJUDICE . 
R. ANTHONY McCANN 
Board Judge
GRANTED IN PART:  October 25, 2007 
CBCA 396 
PMR ARCHITECTS, P.C., IN JOINT VENTURE WITH
 
SHEPLEY BULFINCH RICHARDSON & ABBOTT, INC.,
 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Jeffrey L. Alitz and Nicholas A. Ogden of Donovan Hatem LLP, Boston, MA, counsel 
for Appellant. 
Richard O. Hughes, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
Before Board Judges PARKER , BORWICK, and GOODMAN . 
GOODMAN , Board Judge. 
Appellant, PMR Architects in Joint Venture with Shepley Bulfinch Richardson and 
Abbot, Inc., appealed a decision of a contracting officer of the respondent, General Services 
Administration, arising from its contract for design and contract administration services on 

    
  
    
 
 
 
 
  
 
 
  
 
        
  
  
 
___________________________________ 
2 CBCA 396 
the Warren B. Rudman United States Courthouse Project in Concord, New Hampshire. 1 
Appellant sought payment of $415,253.22 for additional services. 
The parties elected to attempt to resolve the appeal by alternative dispute resolution 
(ADR), a Board Judge was appointed to serve as ADR neutral, and an ADR proceeding was 
held.  On October 23, 2007, the parties filed a stipulation for judgment and a joint certificate 
of finality, which stated: 
The parties jointly stipulate that Judgment should be entered in favor of 
Appellant . . . in the amount of $160,000.00, plus interest under the Contract 
Disputes Act, 41 U.S.C. §§ 601, et seq. , calculated from December 31, 2003 
until the date of Judgment. 
Pursuant to Rule 31 of the Board’s . . . Rules of Procedure, the parties 
further certify that they shall not seek review or reconsideration of judgment 
so rendered.  With respect to the decision of the Board issued pursuant to this 
stipulation, the parties waive their rights to reconsideration under Rule 26, 
rights to relief from judgement under Rule 27, and rights to appeal the 
decision. 
Accordingly, the appeal is GRANTED IN PART . In accordance with the parties’ 
joint stipulation, the Board awards the sum of $160,000 plus interest in accordance with the 
Contract Disputes Act, accruing as stated in the joint stipulation, to be paid from the 
permanent indefinite judgment fund.  31 U.S.C. § 1304 (2000). 
ALLAN H. GOODMAN 
Board Judge 
1 This case was docketed at the General Services Administration Board of Contract 
Appeals (GSBCA) as GSBCA 16476.  On January 6, 2007, pursuant to section 847 of the 
National Defense Authorization Act for Fiscal Year 2006, Pub. L. No. 109-163, the GSBCA 
was terminated and its cases, personnel, and other resources were transferred to the newly-
established Civilian Board of Contract Appeals (CBCA).  This case was docketed by the 
CBCA as CBCA 396. 

________________________________ ___________________________________ 
3 CBCA 396 
We concur: 
ROBERT W. PARKER ANTHONY S. BORWICK 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: May 7, 2015
CBCA 3845, 3846, 3865, 4589
SEVATEC, INC.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Lars E. Anderson of Venable LLP, Tysons Corner, VA, counsel for Appellant.
Hilary L. Martinson, Office of Chief Counsel, Bureau of Alcohol, Tobacco, Firearms
and Explosives, Department of Justice, Washington, DC; and Nathan E. Mires, Office of
Chief Counsel, Bureau of Alcohol, Tobacco, Firearms and Explosives,  Department of
Justice, Kansas City, MO, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On May 2 and 20, 2014, and March 4, 2015, Sevatec, Inc. timely filed notices of
appeal concerning adverse decisions by a contracting officer concerning its contract,
DJA11DC00040, CLIN eTrace 5.0, with the Department of Justice, Bureau of Alcohol,
Tobacco, Firearms and Explosives.  Following suspensions of formal proceedings, the parties
executed a settlement agreement on May 4, 2015, completely resolving all claims, disputes,
or issues raised by or related to the appeals.  In accordance with a motion, the Board hereby
DISMISSES WITH PREJUDICE these appeals.
_______________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: March 8, 2022
CBCA 7284
RETURNS R US, INC. dba PHARMA LOGISTICS,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jonathan T. Williams and Kevin T. Barnett of PilieroMazza PLLC, Washington, DC,
counsel for Appellant.
Jennifer Claypool and Jean Athey, Office of General Counsel, Department of
Veterans Affairs, Hines, IL, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On March 8, 2022, appellant filed a motion to dismiss this appeal, stating that the
parties have fully resolved their dispute.  Pursuant to their settlement agreement and
consistent with Rule 12(b)(2) (48 CFR 6101.12(b)(2) (2020)), appellant requested dismissal
of the appeal with prejudice.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
   Kathleen J. O’Rourke    
KATHLEEN J. O’ROURKE
Board Judge
__________________________ 
DISMISSED: February 1, 2007 
CBCA 98       
LABORATORY AUTOMATION SOLUTIONS, INC. 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Richard  F. Greenleaf of Be rg Hill Greenleaf & Ruscitti, Boulder, CO, counsel for 
Appellant. 
Elin  M. Dugan, Office of  the Gene ral Counsel, U. S. Department of Agriculture, 
Washington, DC, counsel for Respondent. 
POLLACK , Board Judge. 
ORDER 
On December 14,  2007, counsel for respondent  advised the board that the parties had 
reached  a settlement of this matter and  provided  the board with a formal Motion to Dismiss. 
Pursuant to the agreement of the parties, this  appeal is DISMISSED. 
HOWARD A. POLLACK 
Board Judge
DISMISSED WITH PREJUDICE:  February 26, 2013
CBCA 2202
GLEN/MAR CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Jeremy T. Vermilyea of Schwabe, Williamson & Wyatt, P.C., Portland, OR, counsel 
for Appellant.
Ricarto Brazela, Office of the General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On February 19, 2013, the parties notified the Board that following successful
mediation by a Board Judge, all terms and conditions of their settlement have been satisfied. 
The parties filed a joint stipulation requesting a dismissal with prejudice, without costs,
disbursements, or attorney fees to any party.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE:  April 28, 2021
CBCA 5095, 6685
MISSION SUPPORT ALLIANCE, LLC,
Appellant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Stephen W. Preston, Charles C. Speth, Andrew E. Shipley, Philip E. Beshara, and
Benjamin W. Chapin of Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC;
Andrew S. Tulumello and Alex C. Gesch of Gibson, Dunn & Crutcher LLP, Washington,
DC; and Stanley J. Bensussen, General Counsel of Mission Support Alliance, LLC,
Richland, WA, counsel for Appellant.
Donald J. Williamson and Patrick M. Klein, Commercial Litigation Branch, Civil
Division, Department of Justice, Washington, DC; Tyler H.L. Tornabene, Office of the
United States Attorney, Eastern District of Washington, Department of Justice, Spokane,
WA; and Paul R. Davis, Office of Chief Counsel, Department of Energy, Richland, WA,
counsel for Respondent.
LESTER, Board Judge.
ORDER
On April 26, 2021, the parties jointly requested that the Board dismiss these
consolidated appeals, representing that they have executed a settlement agreement resolving

CBCA 5095, 6685 2
their underlying disputes.  The parties’ joint request is granted.  These appeals are
DISMISSED WITH PREJUDICE.
    Harold D. Lester, Jr.      
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE:  February 6,  2008
 
CBCA 862
 
WESTAFF (USA), INC., 
Appellant, 
v. 
DEPARTMENT OF THE TREASURY, 
Respondent. 
Richard L. Moorhouse and Sean M. Connolly of Greenberg Traurig, LLP, McLean, 
VA, counsel for Appellant. 
David T. Copenhaver and Mary Schaffer, Office of the Chief Counsel, Bureau of the 
Public Debt, Department of the Treasury,  Parkersburg, WV, counsel for Respondent. 
FENNESSY, Board Judge. 
This appeal was brought in connection with a contract between Westaff (USA), Inc. 
(Westaff) and respondent, FedSource, Bureau of the Public Debt, Department of Treasury, 
(FedSource).  Westaff brought a claim on behalf of its subcontractor, Engineering Solutions 
and Products, Inc. (ESP) for the sum of $254,905.38 in lease termination costs.  The 
FedSource contracting officer denied the claim and Westaff commenced a timely appeal on 
behalf of ESP. 
The parties have notified the Board that they have settled this appeal and have jointly 
moved for its dismissal with prejudice. 

                                                                                                                          
________________________________ 
2 CBCA 862 
Therefore, his appeal is DISMISSED WITH PREJUDICE . 
EILEEN P. FENNESSY 
Board Judge
GRANTED IN PART: October 19, 2011 
CBCA 94, 102, 106, 137, 138, 139, 140 
SHAWN MONTEE TIMBER CO., INC., 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Richard W. Goeken of Saltman & Stevens, P.C., Washington, DC, counsel for 
Appellant. 
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, 
Missoula, MT; and Benjamin Hartman, Office of the General Counsel, Department of 
Agriculture, Portland, OR, counsel for Respondent. 
Before Board Judges VERGILIO , POLLACK , and STEEL . 
POLLACK , Board Judge. 
On October 6, 2011, the parties submitted a joint stipulation for judgment, which 
provided that the parties had executed a settlement agreement settling and mutually releasing 
any and all claims arising out of, or related to the above-captioned appeals. In settlement, 
the Government agrees to pay appellant $175,000, such amount to include all interest, fees, 
costs, and attorney fees. The parties ask that the Board enter judgment for $175,000 with 
payment to be made through the permanent indefinite judgment fund. The settlement 
agreement provided with the joint stipulation provides that the Board’s decision will be final 
and binding upon the parties and not subject to further appeal. 

                                                                                       
            
            
             
      
_________________________________ 
  
 
2 CBCA 94, 102, 106, 137, 138, 139, 140 
Decision 
The Board GRANTS IN PART the appeals. In accordance with the parties’ 
stipulation and settlement agreement, the Board awards appellant $175,000 for all claims on 
the above-captioned appeals. Payment is to be made from the permanent indefinite judgment 
fund, 31 U.S.C. § 1304 (2006). 
HOWARD A. POLLACK 
Board Judge 
We concur: 
________________________________ ____________________________________ 
JOSEPH A. VERGILIO CANDIDA S. STEEL 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: April 8, 2015
CBCA 4080
RARE EARTH SCIENCE, LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Brandon P. Hull and Lindsey W. Jay of Overturf McGath & Hull, P.C., Denver, CO,
counsel for Appellant.
Lisa A. Buechler, Office of the Solicitor, Department of the Interior, Lakewood, CO,
counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On August 21, 2014, the Board received from Rare Earth Science, LLC a notice of
appeal arising from a termination for cause of its purchase orders, L12PX01170 and
L13PX01563, with the Department of the Interior under their contract.  The parties
proceeded informally from the filing to resolve the dispute.  In accordance with a submission
received on April 7, 2015, the Board DISMISSES WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: May 19, 2009 
CBCA 1476 
BEYLEY CONSTRUCTION GROUP CORP., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
George D. Wenick and Mark B. Carter of Smith, Currie & Hancock LLP, Atlanta, 
GA, counsel for Appellant. 
Kenneth B. MacKenzie, Office of the General Counsel, Department of Veterans 
Affairs, Washington, DC, counsel for Respondent. 
SHERIDAN , Board Judge. 
ORDER 
On May 14, 2009, representing that they had entered into a stipulation of settlement, 
the parties jointly moved the Board to dismiss the above-captioned appeal with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
PATRICIA J. SHERIDAN 
Board Judge
DISMISSED FOR LACK OF JURISDICTION AS MOOT:  July 23, 2025
CBCA 8119
MISSOURI HIGHER EDUCATION LOAN AUTHORITY,
Appellant,
v.
DEPARTMENT OF EDUCATION,
Respondent.
Scott F. Lane of Thompson Coburn LLP, St. Louis, MO; and Jayna M. Rust of
Thompson Coburn LLP, Washington, DC, counsel for Appellant.
Candice Jackson and Tim Rushenberg, Office of the General Counsel, Department
of Education, Washington, DC, counsel for Respondent.
Before Board Judges LESTER, GOODMAN, and SULLIVAN.
SULLIVAN, Board Judge.
By joint motion filed July 21, 2025, the parties seek dismissal of the appeal because
the contracting officer for the Department of Education has withdrawn the decision that
Missouri Higher Education Loan Authority appealed.  Because the withdrawal of the
decision in which the Government asserted a claim resolves the dispute, “there is nothing left
for the Board to decide, and dismissal of the appeal as moot is appropriate.”  Avue
Technologies Corp. v. Agency for Global Media, CBCA 6752, et al., 20-1 BCA ¶ 37,639, at
182,755.


CBCA 8119 2
This appeal is DISMISSED FOR LACK OF JURISDICTION AS MOOT.
    Marian E. Sullivan         
MARIAN E. SULLIVAN
Board Judge
We concur:
    Harold D. Lester, Jr.          Allan H. Goodman        
HAROLD D. LESTER, JR. ALLAN H. GOODMAN
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  April 21, 2023
CBCA 7491
IRONHIDE CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Craig C. Dirrim of Woods Aitken LLP, Lincoln, NE, counsel for Appellant.
Elliott Adler and Andrew E. Moore, Office of the General Counsel, Department of
Agriculture, Lakewood, CO, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On April 20, 2021, 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         
H. CHUCK KULLBERG
Board Judge