Kmisener/CBCA_Full huggingface dataset:
DISMISSED WITH PREJUDICE: July 12, 2019
CBCA 6551
AB STAFFING SOLUTIONS, LLC,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
Howard A. Wolf-Rodda of Abrahams Wolf-Rodda, LLC, Potomac, MD, counsel for
Appellant.
Julia B. Pierce, Office of General Counsel, Indian Health Service, Department of
Health and Human Services, Rockville, MD, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
On July 10, 2019, the parties filed a joint motion to dismiss this matter, advising the
Board that the parties had successfully settled the appeal. Accordingly, the appeal is
DISMISSED WITH PREJUDICE.
Kathleen J. O’Rourke
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED FOR LACK OF JURISDICTION:  January 31, 2014
CBCA 2910
TOMA WEST MANAGEMENT CORP.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Joseph J. Bronesky of Sherman & Howard L.L.C., Denver, CO, counsel for Appellant.
Elyssa Tanenbaum and James F. H. Scott, Office of General Counsel, General
Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), STERN, and ZISCHKAU.
STERN, Board Judge.
This is an appeal filed by Toma West Management Corp. (Toma), managing agent for
633 17th Street Operating Company, LLC (17th Street), from the decision of a contracting
officer of the General Services Administration (GSA) denying Toma’s claim for additional
payments under a lease executed by 17th Street and GSA.
The Contract Disputes Act (CDA) defines a “contractor” as “a party to a Federal
Government contract other than the Federal Government.”  41 U.S.C. § 7101 (Supp. IV

CBCA 2910                                                                                                                          2
2011).  Only a contractor may appeal a contracting officer’s decision to the Board.  41 U.S.C.
§ 7104.  We have stated,
The requisite privity of contract needed to permit an appeal under the
CDA has generally been limited to prime contractors who have actually
contracted with the Government.  Attempts by other parties, such as
subcontractors and sureties, to extend the concept of privity beyond the prime
contractor have typically been rejected.  See [Winter v.] Floorpro[, Inc.], 570
F.3d [1367] at 1372-73 [(Fed. Cir. 2009)]; Admiralty Construction, Inc. v.
Dalton, 156 F.3d 1217, 1220-21 (Fed. Cir. 1998); United States v. Johnson
Controls, Inc., 713 F.2d 1541, 1551 (Fed. Cir. 1983); Cosmic Construction
[Co. v. United States], 697 F.2d [1389] at 1390 [(Fed. Cir. 1982)]; Wackenhut
International, Inc. v. Department of State, CBCA 1235, 09-2 BCA ¶ 34,255;
Edward W. Scott Electric Co. v. Department of Veterans Affairs, CBCA 1388,
09-2 BCA ¶ 34,181.
Eagle Peak Rock & Paving, Inc. v. Department of the Interior, CBCA 2770, 12-2 BCA
¶ 35,146, at 172,521.
Toma had no contractual relationship with GSA and is not a contractor as required by
the CDA.  We lack jurisdiction over the appeal.
Decision
The appeal is DISMISSED FOR LACK OF JURISDICTION.
___________________________________
JAMES L. STERN 
Board Judge
We concur:
______________________________ __________________________________
STEPHEN M. DANIELS JONATHAN D. ZISCHKAU
Board Judge Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE:  November 17, 2009 
CBCA 1305 
LIBBEY PHYSICAL MEDICINE CENTER AND HOT
 
SPRINGS HEALTH SPA,
 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Charles A. Banks and Robert W. Francis of Banks Law Firm, PLLC, Little Rock, 
AR, counsel for Appellant. 
James L. Weiner and Charles B. Wallace, Office of the Solicitor, Department of the 
Interior, Washington, DC, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have advised the Board that this dispute has been settled in its entirety, 
and request that this appeal be dismissed with prejudice.  Accordingly, the appeal is 
DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
GRANTED IN PART:  December 1, 2011 
CBCA 461, 1158, 1243, 1265 
P.J. DICK, INCORPORATED, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Lawrence M. Prosen and Brian Cohen of K&L Gates LLP, Washington, DC, counsel 
for Appellant. 
Dalton F. Phillips and Lesley M. Busch, Office of General Counsel, General Services 
Administration, Washington, DC; and Timothy C. Tozer, Office of Regional Counsel,
 
General Services Administration, Washington, DC, counsel for Respondent.
 
Before Board Judges GOODMAN , BORWICK, and McCANN.
 
GOODMAN, Board Judge.
 
In these consolidated appeals, appellant P.J. Dick, Inc., appealed decisions of a 
contracting officer of respondent General Services Administration (GSA), arising from its 
contract for construction of the National Oceanic & Atmospheric Administration/ NESDIS 
Satellite and Operations Facility located in Suitland, Maryland (the project). 
On November 30, 2011, the parties filed a joint motion for stipulated award and 
dismissal with prejudice, stating in part that: 

    
     
    
      
    
        
      
      
      
     
      
       
    
      
      
________________________ 
_________________________ ________________________ 
2 CBCA 461, 1158, 1243, 1265 
Appellant and Respondent have agreed that, in full and final settlement 
of all claims which arose out of the construction of [the project]. Appellant 
and Respondent request that the Board enter Judgment for Appellant in the 
above-referenced appeals in the total sum of $904,053, consisting of a 
payment of the remaining contract balance from GSA project funds, totaling 
$37,038.17 and $867,014.00 to be paid from the Judgment Fund. 
1 Interest 
shall be paid on only $720,000.00 based on the applicable Contract Disputes 
Act rate, beginning June 4, 2011 until paid along with payment of 
$147,014.00 on which no interest shall be due. 
In their joint motion, the parties agree that they will not seek reconsideration of or relief 
from this Board’s decision awarding judgment, and that they will not appeal the Board’s 
decision. 
Decision 
Accordingly, these appeals are GRANTED IN PART. In accordance with the 
parties’ motion, the Board awards the total sum of $904,053, with $867,014 to be paid from 
the judgment fund. As to the amount paid from the judgment fund, interest will accrue only 
on $720,000 in accordance with the Contract Disputes Act, if payment is not made within 
the time period specified in the motion, and no interest will accrue on the additional amount 
of $147,014.  31 U.S.C. § 1304 (2006). 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
ANTHONY S. BORWICK R. ANTHONY McCANN 
Board Judge Board Judge 
1The parties have rounded these amounts up to the next dollar. 

3 CBCA 461, 1158, 1243, 1265
DISMISSED FOR FAILURE TO PROSECUTE:  February 17, 2012 
CBCA 2631 
LAWRENCE JACKSON, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Lawrence Jackson, pro se, Chesterton, IN. 
Scott F. McCleary, Office of Regional Counsel, General Services Administration, 
Chicago, IL, counsel for Respondent. 
Before Board Judges STERN, POLLACK, and GOODMAN. 
GOODMAN, Board Judge. 
Appellant filed this appeal from a contracting officer’s decision denying his claim for 
a refund of $325, which was withheld from appellant when he failed to remove an item that 
he had purchased at a General Services Administration auction. 
Appellant’s complaint, or designation of his notice of appeal as a complaint, was due 
on December 28, 2011.  The Board unilaterally extended this date twice with no response 
from appellant on or before the dates specified. Thereafter, appellant was ordered to show 
cause no later than Friday, February 10, 2012, as to why the Board should not dismiss this 
appeal for failure to prosecute. The order to show cause advised that if no response was 
received, the appeal would be dismissed with prejudice. 

________________________ 
___________________________ ________________________ 
2 CBCA 2631 
Appellant has not responded to the order to show cause. 
Decision 
The appeal is DISMISSED FOR FAILURE TO PROSECUTE . 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
JAMES L. STERN HOWARD A. POLLACK 
Board Judge Board Judge
____________________________  
                           
                           
DISMISSED WITH PREJUDICE: February 1, 2012 
CBCA 2473 
KRAEMER BROTHERS, LLC, 
Appellant, 
v.
 
DEPARTMENT OF THE INTERIOR,
 
Respondent. 
Jenifer L. Kraemer of Melli Law, S.C., Madison, WI, counsel for Appellant. 
Stuart N. Radde, Office of the Field Solicitor, Fish and Wildlife Service, 
Department of the Interior, Bloomington, MN, counsel for Respondent. 
BORWICK , Board Judge. 
ORDER 
On January 31, 2012, the Board received a joint motion for withdrawal of appeal, 
stating the parties have reached a settlement and agreed to withdraw the appeal with 
prejudice. Pursuant to the agreement of the parties, and Rule 12(c), this appeal is 
DISMISSED WITH PREJUDICE . 
ANTHONY S. BORWICK 
Board Judge
DISMISSED: December 18, 2014
CBCA 3738, 3848
CROCKETT FACILITIES SERVICES, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Eden Brown Gaines of Brown Gaines, LLC, White Plains, MD, counsel for Appellant.
Leonard E. Lucas III, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
McCANN, Board Judge.
ORDER
On December 17, 2014, the Board received a notice of voluntary dismissal in these
appeals, pursuant to a settlement agreement, the terms of which have been fulfilled. 
Accordingly, these appeals are DISMISSED.
_______________________________
R. ANTHONY McCANN
Board Judge


CBCA 551 2
DISMISSED WITH PREJUDICE: August 29, 2017
CBCA 5316
MELWOOD HORTICULTURAL TRAINING CENTER, INC.,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Larysa M. Kautz of Melwood Horticultural Training Center, Inc., Upper Marlboro,
MD, counsel for Appellant.
Elyssa Tanenbaum, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On May 10, 2016, the Board received from Melwood Horticultural Training Center,
Inc. a notice of appeal involving contract GS-11P-13-ZG-C-0067 with the General Services
Administration.  Formal proceedings were suspended at the request of the parties.  In
accordance with a request of Melwood received on August 25, 2017, under Rule 12, 48 CFR
6101.12 (2016), the Board DISMISSES WITH PREJUDICE this appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE:  April 7, 2017
CBCA 5688
 
MARTINEZ BROTHERS CONTRACTORS, LLC, 
Appellant,
v.
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
Respondent.
Michael G. McLean of Gordon Davis Johnson & Shane P.C., El Paso, TX, counsel
for Appellant.
Matthew A. Myers, Sr., Office of the Legal Advisor, United States Section,
International Boundary and Water Commission, United States and Mexico, El Paso, TX,
counsel for Respondent.
LESTER, Board Judge.
ORDER
On April 5, 2017, the parties filed a joint motion to dismiss this appeal with prejudice,
notifying the Board that they have settled their dispute.  The parties’ motion is granted.  This
appeal is DISMISSED WITH PREJUDICE.
_________________________________
HAROLD D. LESTER, JR. 
Board Judge
_____________________________ 
DISMISSED WITH PREJUDICE:  April 17, 2007 
CBCA 543 
TAKOTA CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF THE INTERIOR, 
Respondent. 
Robert J. Symon and Thomas R. Lynch, of Bradley Arant Rose & White, LLP, 
Washington, DC, counsel for Appellant. 
Ratna C. Gupta, Office of the Solicitor, Department of the Interior, Lakewood, CO, 
counsel for Respondent. 
STEEL , Board Judge. 
ORDER 
On April 10, 2007, the parties reported that they had reached a settlement agreement 
on that date, and moved to dismiss the appeal with prejudice.  Pursuant to the agreement of 
the parties, this appeal is DISMISSED WITH PREJUDICE. 
CANDIDA S.  STEEL 
Board Judge
GRANTED IN PART: February 6, 2018
CBCA 5415
CORESITE REAL ESTATE 55 S. MARKET ST, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Robert C. MacKichan, Jr. and Gordon Griffin of Holland & Knight, LLP,
Washington, DC, counsel for Appellant.
Jay N. Bernstein, Office of General Counsel, General Services Administration,
Washington, DC; and Mark Ezersky, Office of Regional Counsel, General Services
Administration, San Francisco, CA, counsel for Respondent.
Before Board Judges VERGILIO, KULLBERG, and CHADWICK.
KULLBERG, Board Judge.
On January 25, 2018, the Board received the parties’ joint motion for judgment on a
stipulated settlement.  The parties requested that the Board enter judgment in the amount of
$250,000, with payment to be made through the judgment fund in accordance with 31 U.S.C.
§ 1304 (2012) and 41 U.S.C. § 7108.  Rule 25(b) (48 CFR 6101.25(b) (2015)).  The parties
have agreed that they will not seek appeal of, reconsideration of, or relief from the Board’s
decision, and that each party will be responsible for its costs, attorney fees, and expenses
incurred in the litigation of this appeal. 


CBCA 5415 2
Decision
The Board GRANTS IN PART the appeal.  In accordance with the parties’ joint
motion, the Board awards appellant, CoreSite Real Estate 55 S. Market St., LLC, the
stipulated settlement amount of $250,000.  Rule 25(b).
______________________
H. CHUCK KULLBERG
Board Judge
We concur:
_______________________ _______________________
JOSEPH A. VERGILIO KYLE CHADWICK
Board Judge Board Judge
DISMISSED WITH PREJUDICE: May 12, 2021
CBCA 6970, 6996
EPOCH CONCEPTS LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Marcos R. Gonzalez and Mark R. Thomas of Reid Law PC, Denver, CO, counsel for
Appellant.
Natica Chapman Neely, Office of General Counsel, Department of Veterans Affairs,
Jackson, MS, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
The parties have settled these disputes, with each party to bear its own attorney fees
and costs.  At their request, the Board DISMISSES WITH PREJUDICE each appeal.
     Joseph  A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
__________________________________ 
DISMISSED WITH PREJUDICE:  November 16, 2007 
CBCA 447 
ARMSTRONG ELEVATOR COMPANY, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Roy S. Armstrong, President of Armstrong Elevator Company, Oldsmar, FL, 
appearing for Appellant. 
Mark R. Warnick, Office of Regional Counsel, General Services Administration, 
Kansas City, MO, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
This appeal arose from a dispute involving a contract for elevator modification for 
the Federal Building in Des Moines, Iowa.  The parties have informed the Board that all 
matters subject to the appeal have been resolved and request the appeal be dismissed with 
prejudice. 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge
DISMISSED WITH PREJUDICE:  June 10, 2022
CBCA 7046, 7143
VISUAL CONNECTIONS LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
David B. Dixon of Pillsbury Winthrop Shaw Pittman LLP, McLean, VA, counsel for
Appellant.
Hank W. Askins, III, Office of General Counsel, Department of Veterans Affairs,
Charleston, SC; and Tyler W. Brown, Office of General Counsel, Department of Veterans
Affairs, Portland, OR, counsel for Respondent.
SULLIVAN, Board Judge.
ORDER
On June 6, 2022, the Board received the parties’ joint motion to dismiss the appeals. 
The parties have completed the terms of a settlement agreement and request that the Board
dismiss the appeals with prejudice.  The motion is granted and the appeals are DISMISSED
WITH PREJUDICE.
   Marian E. Sullivan          
MARIAN E. SULLIVAN
Board Judge
DENIED: January 28, 2021
CBCA 6292, 6386, 6543, 6581, 6582, 6801
CSI AVIATION, INC.,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent in CBCA 6292, 6581, and 6801,
and
GENERAL SERVICES ADMINISTRATION,
Respondent in CBCA 6386, 6543, and 6582.
Jason N. Workmaster, Caroline J. Watson, Alejandro L. Sarria, Marcus A. R.
Childress, and Elizabeth J. Cappiello of Miller & Chevalier Chartered, Washington, DC,
counsel for Appellant.
Cassandra A. Maximous, Andrew M. Wagner, and George Mathew, Office of the
Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland
Security, Washington, DC; and Robert Metzgar, Office of the Principal Legal Advisor,
Immigration and Customs Enforcement, Department of Homeland Security, Detroit, MI,
counsel for Respondent in CBCA 6292, 6581, and 6801. 
Sarah E. Park, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent in CBCA 6386, 6543, and 6582.


CBCA 6292, 6386, 6543, 6581, 6582, 6801 2
Before Board Judges DRUMMOND, KULLBERG, and CHADWICK.
CHADWICK, Board Judge.
On January 27, 2021, the parties filed a joint motion.  The parties state that they agree
that the Board’s January 4, 2021, decision on a contract interpretation issue common to these
six appeals suffices to support denying the appeals, and they ask us to consolidate the appeals
for the purpose of issuing one final and appealable decision.  We grant the motion.
Decision
For the reasons stated in the parties’ motion, the Board consolidates and DENIES the
six captioned appeals.
     Kyle Chadwick               
KYLE CHADWICK
Board Judge
We concur:
  Jerome M. Drummond        H. Chuck Kullberg         
JEROME M. DRUMMOND H. CHUCK KULLBERG
Board Judge Board Judge
GRANTED IN PART:  October 21, 2008
 
CBCA 993
 
CRAIG THOMAS,
 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Richard W. Goeken of Saltman & Stevens, PC, Washington, DC, counsel for 
Appellant. 
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, 
Missoula, MT, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), POLLACK , and SHERIDAN. 
POLLACK, Board Judge. 
This appeal arises out of timber sale contract no. 03-023511 between Craig Thomas 
and the United States Department of Agriculture, Forest Service (FS).  On January 12, 2007, 
Mr. Thomas submitted his certified claim in the amount of $2,052,016.80 for lost profits. 
He also provided at that time alternative damage calculations, on a non-breach theory.  On 
December 6, 2007, Mr. Thomas filed a timely appeal to a contracting officer’s decision 
denying all but $7978.84 of his claim.  

   
 
       
 
   
 
__________________________________ 
______________________________ ________________________________ 
2 CBCA 993 
After engaging in initial discussions with the presiding judge, the parties elected in 
June 2008 to request mediation with a Board judge.  A judge was thereafter assigned.  In 
September 2008, the requested mediation was conducted.  The mediation was successful, 
and as a result the parties entered into an agreement to settle the dispute.  Under cover letter 
of October 9, 2008, the parties filed with the Board a Joint Stipulation And Request For 
Judgment Granting The Appeal In Part.  The referenced document was executed by counsel 
on October 8 and 9, 2008, respectively. Under it, the parties have agreed to the settlement 
of any and all claims by either party arising out of or  relating to the referenced contract. 
Further, the parties have agreed to abide by a Board decision requiring the FS to pay 
appellant $300,300 plus interest on this amount calculated from January 10, 2007, until paid 
in accordance with the provisions of the Contract Disputes Act.  Each party has agreed to 
bear its own costs and attorney fees.  The parties have additionally stipulated that the 
decision of the Board will be final and binding upon the parties and not subject to further 
appeal.  
Decision   
Accordingly, the appeal is GRANTED IN PART.  In accordance with the parties’ 
joint stipulation, the Board awards the sum of $300,300 plus interest on said amount under 
the Contract Disputes Act, 41 U.S.C. § 611 (2000), beginning January 10, 2007.  Payment 
is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.  
HOWARD A. POLLACK 
Board Judge 
We concur: 
STEPHEN M. DANIELS PATRICIA J. SHERIDAN 
Board Judge Board Judge
DISMISSED WITH PREJUDICE: March 25, 2021
CBCA 6888
NAVAJO ENGINEERING AND CONSTRUCTION AUTHORITY,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Michael C. Nelson, Prescott, AZ, counsel for Appellant.
Christopher Z. Cantrell, Office of the Solicitor, Southwest Region, Department of
the Interior, Albuquerque, NM, counsel for Respondent.
KULLBERG, Board Judge.
ORDER
On March 12, 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
DISMISSED WITH PREJUDICE: August 31, 2015
CBCA 4663
ARMORGROUP NORTH AMERICA, INC.,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Richard J. Webber of Arent Fox LLP, Washington, DC, counsel for Appellant.
Dennis J. Gallagher, Assistant Legal Adviser, Department of State, Washington, DC,
counsel for Respondent.
VERGILIO, Board Judge.
ORDER
On April 3, 2015, ArmorGroup North America, Inc. (contractor) filed a notice of
appeal concerning its contract, S-AQMPD-07-C0054, with the Department of State (agency). 
The appeal was based upon the deemed denial of a certified claim.  The parties proceeded
informally to resolve the dispute.  On August 26, 2015, the Board received from the
contractor an unopposed motion to dismiss with prejudice the appeal.  In accordance with
the request of the parties, the Board DISMISSES WITH PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
DISMISSED:  July 10, 2008
CBCA 1123, 1124
MOUNTAGA BAH,
Appellant,
v .
GENERAL SERVICES ADMINISTRATION,
Respondent.
Mountaga Bah, pro se, Bowie, MD.
Julie A. Holvik, Office of Regional Counsel, General Services Administration,
Philadelphia, PA, counsel for Respondent.
PARKER , Board Judge.
ORDER
On March 19, 2008, Mountaga Bah appealed the final decisions of two General
Services Administration (GSA) contracting officers terminating for default appellant’s
contracts for the purchase of several items through the GSA Auctions website.  On July 8,
2008, the parties filed a joint stipulation of dismissal, stating that the appeals have been
settled and requesting that they be dismissed.
Accordingly, the appeals are DISMISSED .
___________________________
ROBERT W. PARKER
Board Judge
DISMISSED WITH PREJUDICE: April 7, 2008 
CBCA 962 
JIM FERGUSON, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
James R. Rodgers, The Moore Law Firm, L.L.P., Paris, TX, counsel for Appellant. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
VERGILIO , Board Judge. 
ORDER 
On November 5, 2007, the Board received from Mr. Ferguson a notice of appeal 
concerning a contracting officer’s decision dated August 2, 2007.  In the decision, the 
contracting officer confirmed earlier correspondence that deemed Mr. Ferguson to be in 
default and liable for liquidated damages because of failure to pay for and remove a vehicle 
purchased during an on-line auction held by the respondent, the General Services 
Administration (Government).  Mr. Ferguson maintains that he did not bid on the vehicle. 
He seeks to have the default voided and his record cleared. 
After an initial conference with the Board, and the submission of an appeal file, the 
parties exchanged information and engaged in discussions.  On April 3, 2008, the Board 
received a joint stipulation of dismissal, in which the parties request a dismissal with 
prejudice, having settled the dispute. 

______________________________ 
2 CBCA 962 
Accordingly, the Board DISMISSES WITH PREJUDICE  this appeal. 
JOSEPH A. VERGILIO 
Board Judge
DENIED: April 30, 2021
CBCA 6351
DGG RE INVESTMENTS LLC, dba GUARDIAN ASSET MANAGEMENT,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
Doug P. Hibshman and Nicholas T. Solosky of Fox Rothschild LLP, Washington, DC,
counsel for Appellant.
Jonathan English and Julie K. Cannatti, Office of General Counsel, Department of
Housing and Urban Development, Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, SHERIDAN, and RUSSELL.
BEARDSLEY, Board Judge.
DGG RE Investments LLC, dba Guardian Asset Management (Guardian), seeks
damages arising out of the Department of Housing and Urban Development’s (HUD)
decision denying Guardian’s claim for payment for certain custodial property inspections
performed by Guardian under a HUD Field Service Management (FSM) 3.10 contract.  The
Board stayed this appeal pending resolution of Purdy Enterprise, LLC v. Department of
Housing & Urban Development, CBCA 6128, et al. (Mar. 15, 2021), and the appeal of P.K.
Management Group, Inc. v. Secretary of Housing & Urban Development, CBCA 6185, 19-1
BCA ¶ 37,417, aff’d, P.K. Management Group, Inc. v. Secretary of Housing & Urban
Development, 987 F.3d. 1030 (Fed. Cir. 2021), to the United States Court of Appeals for the
Federal Circuit.


CBCA 6351 2
This appeal, Purdy, and P.K. Management Group involve a dispute as to whether
HUD has to pay for ongoing routine inspections of custodial properties under contract line
item number (CLIN) 0005AA or CLIN 0006.  Guardian’s contract has the same CLINs
0005AA and 0006 that the Board and the Federal Circuit examined in P.K. Management
Group and Purdy.
“[T]he plain contract language does not obligate HUD to pay the unit price in
CLIN 0005AA (or in the corresponding CLINS for option years) for routine
inspections of custodial properties.”  The Federal Circuit . . . held “that the
plain meaning places compensation for routine inspections of Custodial
properties under CLIN 0006 rather than CLIN 0005AA.”  P.K. Management
Group, Inc., 987 F.3d. at 1033.  CLIN 0005AA applies only to the same
properties, HUD-owned vacant, as CLIN 0005; and CLIN 0006 “governs the
compensation for routine inspections of Custodial properties” through a
monthly fee.  Id. at 1032.
Purdy.  Guardian’s FSM 3.10 “contract terms unambiguously cover routine inspections
through a monthly fee rather than individual payments.”  P.K. Management Group, 987 F.3d.
at 1031.
Guardian failed to distinguish this appeal from Purdy or P.K. Management Group and
failed to provide a reason why we should not deny this appeal.  Accordingly, this appeal is
denied.
Decision
We DENY the appeal.
    Erica S. Beardsley         
ERICA S. BEARDSLEY
Board Judge
We concur:
   Patricia J. Sheridan         Beverly M. Russell              
PATRICIA J. SHERIDAN BEVERLY M. RUSSELL
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  May 20, 2026
CBCA 8462
INTEGRATED QUALITY SOLUTIONS, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Bradley D. Wine, Bethesda, MD, counsel for Appellant.
Richard O. Hughes, Office of General Counsel, General Services Administration,
Washington, DC; and Anne C. McDermott, Office of General Counsel, General Services
Administration, Philadelphia, PA, counsel for Respondent.
VERGILIO, Board Judge.
ORDER
The parties jointly seek a dismissal of this appeal.  Pursuant to Board Rule 12(b) (48
CFR 6101.12(b) (published in eCFR)), the appeal is DISMISSED WITH PREJUDICE.
     Joseph  A. Vergilio          
JOSEPH A. VERGILIO
Board Judge
DISMISSED WITH PREJUDICE: October 16, 2015
CBCA 4443
WSSA VA, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
                                                                      Respondent.
Diana Parks Curran of Curran Legal Services Group, Inc., Johns Creek, GA, counsel
for Appellant.
Reid A. Nicolosi, Cameron Gore, and William E. Sexton, Office of General Counsel,
Department of Veterans Affairs, Washington, DC, counsel for Respondent.
LESTER, Board Judge. 
ORDER
On October 2, 2015, the parties filed a joint motion requesting that the Board dismiss
this appeal with prejudice, with each party to bear its own costs, expenses, and attorney fees. 
The Board grants the motion.  Based upon the parties’ request, this appeal is
DISMISSED WITH PREJUDICE. 
______________________________
HAROLD D. LESTER, JR.
Board Judge
DISMISSED WITH PREJUDICE:  April 28, 2023
CBCA 7479
L’ENFANT OWNER LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Robert C. MacKichan, Jr. of Holland & Knight LLP, Washington, DC; and Kelsey
M. Hayes and Jeremy D. Burkhart of Holland & Knight LLP, Tysons, VA, counsel for
Appellant.
Brett A. Pisciotta, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
BEARDSLEY, Board Judge (Chair).
ORDER
On April 27, 2023, the parties filed a joint motion to dismiss this appeal with
prejudice after having settled all claims in the appeal.  The parties’ motion is granted.  This
appeal is DISMISSED WITH PREJUDICE.
    Erica S. Beardsley    
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE: September 4, 2019
CBCA 6326
ACE ENDICO CORP.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Matthew Wasserman, Bid Director of Ace Endico Corp., Brewster, NY, appearing for
Appellant.
Pawandeep Bhandari and Hayley Hoffman, Office of General Counsel, Federal
Bureau of Prisons, Department of Justice, Washington, DC, counsel for Respondent.
O’ROURKE, Board Judge.
ORDER
The parties conducted informal settlement negotiations to resolve this appeal and
reached an agreement on July 29, 2019.  On August 28, 2019, the parties filed a joint motion
to dismiss the appeal with prejudice, advising the Board that there are no outstanding
matters.  Accordingly, the appeal is DISMISSED WITH PREJUDICE.
    Kathleen J. O’Rourke     
KATHLEEN J. O’ROURKE
Board Judge
DISMISSED WITH PREJUDICE: November 4, 2019
CBCA 6339
ESA SOUTH, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
James E. Krause of James E. Krause, P.A., Jacksonville, FL, counsel for Appellant.
Mary A. Mitchell, Office of General Counsel, Department of Veterans Affairs,
Houston, TX; and Donald C. Mobly, Office of General Counsel, Department of Veterans
Affairs, Denver, CO, counsel for Respondent.
BEARDSLEY, Board Judge.
ORDER
On November 1, 2019, appellant filed a motion to dismiss this appeal with prejudice
pursuant to a negotiated settlement agreement executed on October 2, 2019.  Respondent has
no objection to this motion.  Accordingly, this appeal is DISMISSED WITH PREJUDICE.
    Erica S. Beardsley          
ERICA S. BEARDSLEY
Board Judge
DISMISSED WITH PREJUDICE:  July 25, 2019
CBCA 6445
WILLIAMS BUILDING COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Eyvonne Alston, Office of General Counsel, Department of Veterans Affairs,
Washington, DC, counsel for Respondent.
ZISCHKAU, Board Judge.
ORDER
On July 24, 2019, the parties filed a joint request for dismissal with prejudice for  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 WITH PREJUDICE: August 27, 2014
CBCA 3412
ELEVEN EIGHTEEN LIMITED PARTNERSHIP,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Brett D. Orlove and Matt S. Kirsch of Grossberg, Yochelson, Fox & Beyda, LLP,
Washington, DC, counsel for Appellant.
Dalton F. Phillips, Office of General Counsel, General Services Administration,
Washington, DC, counsel for Respondent.
SOMERS, Board Judge.
ORDER
On June 17, 2013, Eleven Eighteen Limited Partnership appealed the deemed denial
by a General Services Administration contracting officer of its claim for underpayment of
rent in connection with lease number GS-11B-02075 at 1801 L Street, N.W., Washington,
D.C.
On August 22, 2014, appellant filed a motion to dismiss this appeal, stating that the
matter has been resolved.


CBCA 3412 2
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge
DISMISSED WITH PREJUDICE: October 9, 2019
CBCA 6617
GENERAL DYNAMICS MISSION SYSTEMS, INC.,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
Gregory H. Petkoff and Eric K. Herendeen of Jenner & Block LLP, Washington, DC,
counsel for Appellant.
Dana-Marie Akpan, Office of the Solicitor, Department of the Interior, Washington,
DC, counsel for Respondent.
RUSSELL, Board Judge.
ORDER
On October 7, 2019, the parties filed a joint motion to dismiss pursuant to Board Rule
12(b), stating that “the contracting officer has withdrawn the final decision at issue.  Without
a certified claim or a contracting officer’s final decision, the Board lacks jurisdiction . . . .”
Accordingly, the parties’ motion to dismiss is granted, and the appeal is hereby
DISMISSED WITH PREJUDICE.
   Beverly M. Russell           
BEVERLY M. RUSSELL
Board Judge
DISMISSED WITH PREJUDICE: August 25, 2011 
CBCA 2359 
TRADE CENTER MANAGEMENT ASSOCIATES, LLC, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Seamus Curley and Carl L. Vacketta of DLA Piper LLP, Washington, DC, counsel 
for Appellant. 
Maria G. Bellizzi, Office of General Counsel, General Services Administration, 
Washington, DC, counsel for Respondent. 
KULLBERG , Board Judge. 
The Board docketed the above-referenced appeal of Trade Center Management 
Associates, LLC on March 25, 2011. 
On August 16, 2011, the Board received the parties’ executed settlement agreement. 
The parties have requested that this appeal be dismissed with prejudice. Board’s Conference 
Memorandum (Aug. 22, 2011) at 2. 

 
      
______________________ 
  
 
2 CBCA 2359 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
H. CHUCK KULLBERG 
Board Judge
_______________________________ 
DISMISSED WITH PREJUDICE:  July 30, 2009 
CBCA 1594 
DAVID PITRE, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
David Pitre, pro se, Monroe, NC. 
Charles G. McCarthy, Office of Regional Counsel, General Services Administration, 
San Francisco, CA, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The instant appeal relates to a dispute concerning the purchase of a vehicle by 
appellant, David Pitre, through an auction conducted by respondent, the General Services 
Administration.  The Board is in receipt of notice that the matter has been settled.  Pursuant 
to the settlement, the parties have submitted a joint request that the appeal be dismissed with 
prejudice.  Accordingly, the appeal is hereby DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
___________________________ 
  
 
DISMISSED WITH PREJUDICE: March 29, 2011 
CBCA 2298 
JRS MANAGEMENT, 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
Jacqueline Sims, Owner of JRS Management, Lawrenceville, GA, appearing for 
Appellant. 
William D. Robinson and Bradley J. Breslin, Office of General Counsel, Federal 
Bureau of Prisons, Department of Justice, Washington, DC, counsel for Respondent. 
SOMERS , Board Judge. 
ORDER 
On February 4, 2011, JRS Management (JRS) appealed the decision of a Department 
of Justice, Federal Bureau of Prisons contracting officer terminating for cause contract 
number DJBP0100000006 for ceramics instructor services at the Federal Prison Camp in 
Alderson, West Virginia. 
On March 25, 2011, the parties requested that the appeal be dismissed with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
JERI KAYLENE SOMERS 
Board Judge
DISMISSED WITH PREJUDICE: August 29, 2019
CBCA 6323
ACE ENDICO CORP.,
Appellant,
v.
DEPARTMENT OF JUSTICE,
Respondent.
Matthew Wasserman, Bid Director of Ace Endico Corp., Brewster, NY, appearing for
Appellant.
Pawandeep Bhandari and Hayley Hoffman, Office of General Counsel, Federal
Bureau of Prisons, Department of Justice, Washington, DC, counsel for Respondent.
DRUMMOND, Board Judge.
ORDER
On August 28, 2019, the Board received a joint motion to dismiss this appeal with
prejudice.  Accordingly, this appeal is DISMISSED WITH PREJUDICE.
 Jerome M. Drummond 
JEROME M. DRUMMOND
Board Judge


CBCA 6323 2
_______________________________ 
DISMISSED WITH PREJUDICE: December 9,  2009 
CBCA 1474 
NATIVE ENERGY & TECHNOLOGY, INC., 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
John C. Dulske, Joan Kelley Fowler Gluys, and Bryan L. Kost of The Law Offices 
of Dulske & Gluys, P.C., San Antonio, TX, counsel for Appellant. 
Jim Scott, Office of General Counsel, General Services Administration, Washington, 
DC, counsel for Respondent. 
WALTERS, Board Judge. 
ORDER 
The parties have advised that the appeal has been settled through alternative dispute 
resolution (ADR).  Pursuant to the terms of their final settlement agreement, the parties have 
submitted a joint motion to dismiss with prejudice.  Accordingly, the appeal hereby is 
DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge
GRANTED IN PART:  January 19, 2007 
CBCA 482 
RB REALTY INCORPORATED, 
Appellant, 
v.
 
GENERAL SERVICES ADMINISTATION,
 
Respondent. 
Paul J. Moretti Sr. of Tillinghast Licht, LLP Providence, RI, counsel for Appellant. 
Nancy  E. O’Connell, Office of Regional Counsel, General Services Administration, 
Boston, MA, counsel for Respondent.
 
Before Board Judges DANIELS (Chairman) , PARKER , and BORWICK .
 
BORWICK , Board Judge.
 
This  appeal involves  a claim for $22,634, for operating cost escalation rental 
payme nts allegedly due and owing under lease GS-01B (PEL)03890NEG for premises located 
at 198/200 Dyer  Street, Providence, Rhode Island.  The parties have  requested that the Board 
enter a  stipulated award  and towards that end have submitted the following Stipulation for 
Entry of Judgment: 
Appellant  and respondent, through their attorneys, hereby stipulate and agree 
as follows: 

 
______________________________ 
_______________________________ _______________________________ 
2 CBCA 482 
That,  pursuant to the terms of a  Settlement Agreement between the  parties, as 
of the date of execution, judgmen t shall be entered in favor of appellant and 
against  respondent in the settlement amount of Nineteen Thousand and Eighty 
Six and 86/100 ($19,086. 86) Dol lars inclusive of interest pursuant to the 
Con tract  Disputes Act of 1978, 41 U.S.C. § 601-613 and attorneys fee s 
pursuant  to the Equal Access to Justice Act, 5 U.S.C. § 504, and all other 
costs.   That portion of Appellant’s claim for any period of tim e on and after 
October  13, 2005, shall be dismissed with prejudice.  The  parties will not seek 
reco nsideration of, or relief from, the Board’s decision, and they will not 
appeal the decision.  
The  parties intend that the stipulated award shall serve as a full and complete 
settlement  of appellant's claim before  the Board, including that portion of the claim for any 
period of time on or after October 13, 2005.  
Decision 
Pursuant  to the stipulation  of the parties, the Board GRANTS  the appeal IN PART . 
Appellant is awarded $19,086.86 inclusive of interest and attorney fees and all other  costs. 
ANTHONY S. BORWICK 
Board Judge 
We concur: 
STEPHEN M. DANIELS ROBERT W. PARKER 
Board Judge Board judge
_________________________________ 
DISMISSED WITH PREJUDICE:  December 10, 2008 
CBCA 1313 
UNIVERSAL LANGUAGE CORPORATION, 
Appellant, 
v. 
DEPARTMENT OF JUSTICE, 
Respondent. 
Kevin M. Cox of Carmardo Law Firm, P.C., Auburn, NY, counsel for Appellant. 
James E. Hicks and Sheryl B. Jamison, Office of Chief Counsel, Drug Enforcement 
Administration, Department of Justice, Alexandria, VA, counsel for Respondent.  
HYATT, Board Judge. 
This appeal arose under a contract for the provision of translation, transcription, and 
monitoring services awarded to appellant, Universal Language Corporation, by the Drug 
Enforcement Administration, a bureau of respondent, the Department of Justice.  Appellant 
has informed the Board that the parties have settled this matter.  In addition, appellant has 
requested that the appeal be dismissed with prejudice. 
Accordingly, the appeal is DISMISSED WITH PREJUDICE . 
CATHERINE B. HYATT 
Board Judge 

2 CBCA 1313
DISMISSED WITH PREJUDICE:  August 15, 2024
CBCA 7609, 7744
MIDDLETON CONSTRUCTION CONSULTING,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Sarah Reida of Legal Meets Practical, LLC, Alpharetta, GA, counsel for Appellant.
Laetitia C. Coleman, Office of General Counsel, Department of Veterans Affairs,
Arlington, TX, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
Appellant advises that the terms of the parties’ settlement have been fulfilled and
requests dismissal of the appeals with prejudice.  Accordingly, the appeals are DISMISSED
WITH PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
GRANTED IN PART: December 13, 2016
CBCA 5542
THE DOW CHEMICAL COMPANY AND THE BOEING COMPANY,
Appellants,
v.
DEPARTMENT OF ENERGY,
Respondent.
Scott M. McCaleb, Jon W. Burd, and Gary S. Ward of Wiley Rein LLP, Washington,
DC, counsel for Appellant.
Stephen C. Skubel, Office of the General Counsel, Department of Energy,
Washington, DC; and Mell Roy, Office of Chief Counsel, Department of Energy, Cincinnati,
OH, counsel for Respondent.
Before Board Judges SULLIVAN, O’ROURKE, and BEARDSLEY.
SULLIVAN, Board Judge.
On December 9, 2016, the parties submitted to the Board executed copies of a joint
stipulation of settlement and joint motion for consent judgment.  The parties requested that
the Board enter judgment in the amount of $131,250,000 for The Dow Chemical Company
(Dow) and $243,750,000 for the Boeing Company (Boeing), with payment to be made
through the permanent indefinite judgment fund in accordance with 31 U.S.C. § 1304 (2012).
Rule 25(b) (48 CFR 6101.25(b) (2015)).  


CBCA 5542 2
The parties also agreed that if the payments are made by July 28, 2017, no interest will
be paid.  The parties have agreed that they will not seek appeal of, reconsideration of, or
relief from, the Board’s decision.
Decision
The Board GRANTS IN PART the appeal.  Dow shall be paid $131,250,000, and
Boeing shall be paid $243,750,000.  Rule 25(b). If payment is not made by July 28, 2017,
interest shall also be paid on the principal amounts, running from that date until the date of
payments at rates prescribed by the Secretary of the Treasury pursuant to 41 U.S.C.§ 7109
(b).  Payment  may be made from the permanent indefinite judgment fund.  31 U.S.C. § 1304.
___________________________
MARIAN E. SULLIVAN
Board Judge
We concur:
_________________________ _________________________
KATHLEEN J. O’ROURKE ERICA S. BEARDSLEY
Board Judge Board Judge
DISMISSED WITH PREJUDICE:  April 29, 2008 
CBCA 1078 
GHR FIRE MANAGEMENT SERVICES, 
Appellant, 
v. 
DEPARTMENT OF AGRICULTURE, 
Respondent. 
Nelda Herman, CEO of GHR Fire Management Services, Klamath Falls, OR, 
appearing for Appellant. 
Marnie G. Ganotis, Office of the General Counsel, Department of Agriculture, San 
Francisco, CA, counsel for Respondent. 
GOODMAN , Board Judge. 
ORDER 
This appeal was filed on February 12, 2008. On April 10, 2008, a Board Judge 
serving as Board neutral conducted an alternative dispute resolution proceeding pursuant to 
Board Rule 54 during which the parties reached a settlement. On April 16, 2008, the parties 
executed a settlement agreement, and on April 25, 2008, they filed a joint motion to dismiss 
the appeal with prejudice.
1 
1 The parties’ joint motion for dismissal with prejudice refers to a settlement 
evidenced by an attached settlement agreement which states in part: “Should any judicial 
action be required to enforce or interpret this agreement, or to resolve any dispute hereunder, 

 
__________________________________ 
2 CBCA 1078 
Accordingly, this appeal is DISMISSED WITH PREJUDICE . 
ALLAN H. GOODMAN 
Board Judge 
the Parties acknowledge the jurisdiction and venue for the action shall lie solely with the 
CBCA.”  The Board makes no determination as to whether the parties’ suggestion of the 
scope of the Board’s jurisdiction is correct.
DISMISSED WITH PREJUDICE: April 5, 2018
CBCA 6022
US OCEAN, LLC,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Leo J. Bonser, Vice President of US Ocean, LLC, Houston, TX, appearing for
Appellant.
R. René Dupuy, Office of the General Counsel, Agency for International
Development, Washington, DC, counsel for Respondent.
GOODMAN, Board Judge.
ORDER
Appellant has filed a motion to dismiss the appeal, stating that pursuant to a settlement
agreement appellant withdraws its appeal and moves the Board to issue an order dismissing
all the claims in this matter with prejudice.  Accordingly, the appeal is DISMISSED WITH
PREJUDICE.
    Allan H. Goodman        
ALLAN H. GOODMAN
Board Judge
DISMISSED WITH PREJUDICE: February 29, 2016
CBCA 3491, 3636
A-SON’S CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
John G. Bravacos, Paoli, PA, counsel for Appellant.
Blythe I. Rodgers, Jonathan E. English, and Todd P. Maiberger, Office of the General
Counsel, Department of Housing and Urban Development, Washington, DC, counsel for
Respondent.
LESTER, Board Judge.
ORDER
On February 26, 2016, appellant notified the Board that the parties have settled the
claims in the above-referenced appeals.  Appellant requests that the Board dismiss these
appeals with prejudice, and respondent concurs with the request.
In accordance with appellant’s request, the Board grants the motion.  These appeals
are DISMISSED WITH PREJUDICE.     
_____________________________
HAROLD D. LESTER, JR.
Board Judge
___________________________ 
DISMISSED WITH PREJUDICE:  March 1, 2007 
CBCA 23 
JOHN EDWARD CONSTRUCTION COMPANY,
       Appellant, 
v.
 
DEPARTMENT OF VETERANS AFFAIRS,
       Respondent. 
Kevin M. Cox of Joseph A. Camardo, Jr., Auburn, NY, counsel for Appellant. 
Kenneth B. MacKenzie, Office of the General Counsel, Department of Veterans 
Affairs, Washington, DC, counsel for Respondent. 
WALTERS , Board Judge.
 ORDER 
The parties, on February 23, 2007, submitted a joint motion to dismiss the appeal 
with prejudice, stating that they have settled the issue that is the subject of this appeal. 
Pursuant to the joint motion, this matter is DISMISSED WITH PREJUDICE . 
RICHARD C. WALTERS 
Board Judge 

#18108 CBCA23 JOHN EDWARD DISMISSAL.wpd 31/07 Reviewed by:RCW CLH
DISMISSED: October 1, 2009 
CBCA 1367 
LUMUS CONSTRUCTION, INC., 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Lewis R. Lear of City, Hayes & Dissette, P.C., Boston, MA, counsel for Appellant. 
Stephen F. Butera and Dennis McGuire, Office of Regional Counsel, Department of 
Veterans Affairs, Clarksburg, WV, counsel for Respondent. 
DANIELS , Board Judge (Chairman). 
ORDER 
The Department of Veterans Affairs (VA) and Lumus Construction, Inc. (Lumus) 
entered into a contract under which Lumus was to perform work on the heating, ventilation, 
and air conditioning system at the Louis A. Johnson Medical Center in Clarksburg, West 
Virginia.  Lumus claimed that due to incorrect data supplied by VA and a condition of which 
the agency did not make it aware, it incurred unanticipated costs in resolving issues which 
arose regarding the system.   Lumus claimed that it was entitled to an additional $76,902.01 
to compensate it for these costs. A VA contracting officer denied the claim, and Lumus 
appealed his decision. 

    
  
 
_________________________ 
2 CBCA 1367 
After considerable discussion between the parties, on September 4, 2009, counsel 
informed the Board in a telephonic conference that all necessary preconditions to a settlement 
appeared to be in place. Counsel stated that if neither party requested further action in the 
case by September 28, 2009, the Board could dismiss the case on any day thereafter. 
Neither party requested further action on or before September 28, 2009.  Accordingly, 
the case is DISMISSED . 
STEPHEN M. DANIELS 
Board Judge
DISMISSED WITH PREJUDICE:  September 17, 2013
CBCA 2905
CERIDIAN CORPORATION,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
Respondent.
John W. Chierichella, Townsend L. Bourne, and Ryan E. Roberts of Sheppard,
Mullin, Richter & Hampton LLP, Washington, DC, counsel for Appellant.
Charles B. Wallace, Sherry K. Kaswell, and Sarah Zaffina, Office of the Solicitor,
Department of the Interior, Washington, DC, counsel for Respondent.
SOMERS, Board Judge.
ORDER
On October 4, 2012, Ceridian Corporation appealed the deemed denial of its certified
claim under Department of the Interior contract number N10PC18114 for the Military
OneSource Program.  On September 16, 2013, the parties jointly moved to dismiss this
appeal with prejudice, stating that they had reached a settlement agreement.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
___________________________
JERI KAYLENE SOMERS
Board Judge