CBCA 1068

Xerox Capital Services, LLC

Sep 16, 2008Judge VergilioDEPARTMENT OF HOMELAND SECURITY
Not published in the listingSettled

Key Facts

Appellant
Xerox Capital Services, LLC
Respondent agency
DEPARTMENT OF HOMELAND SECURITY
Judge
Vergilio
Case number
CBCA 1068
Decided
Sep 16, 2008The decision states Sep 16, 2008 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Offit Kurman, P.A.
Outcome
Settled
On September 16, 2008, the Board received a request for a dismissal with prejudice; the parties have settled this dispute. ______________________________ 2 The Board DISMISSES WITH PREJUDICE this appeal.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Payment and interest

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Donald J. Walsh
Offit Kurman, P.A.
Owings Mills, MD
For the respondent
Nilza Velázquez
Office of the General Counsel, Department of Homeland Security
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,459 characters, read from the Board's own documentDecided Sep 16, 2008 on its own faceRespondent DEPARTMENT OF HOMELAND SECURITY Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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DISMISSED WITH PREJUDICE: September 16, 2008

CBCA 1068

XEROX CAPITAL SERVICES, LLC,

Appellant,

v.

DEPARTMENT OF HOMELAND SECURITY,

Respondent.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Donald J. Walsh of Offit Kurman, P.A., Owings Mills, MD, counsel for Appellant.

Nilza Velázquez, Office of the General Counsel, Department of Homeland Security, Washington, DC, counsel for Respondent.

VERGILIO, Board Judge.

Order

On February 6, 2008, the Board received from Xerox Capital Services, LLC (contractor) a notice of appeal concerning deemed denials of claims totalling $148,060.26 relating to unpaid invoices. The contractor claims entitlement to payment for delivery and performance pursuant to purchase orders with the Department of Homeland Security (the Government) issued under the contractor’s contract, GS 25F 0062L, with the General Services Administration. Having received neither payment nor a decision by the contracting officer on its claims, the contractor pursues relief at this Board under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, as amended.

During an initial telephone conference (before the submission of the appeal file, complaint, or answer), the parties agreed to stay formal proceedings as they explored the issues and resolution. On September 16, 2008, the Board received a request for a dismissal with prejudice; the parties have settled this dispute.

______________________________

2 CBCA 1068

The Board DISMISSES WITH PREJUDICE this appeal.

JOSEPH A. VERGILIO

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Xerox Capital Services, LLC, CBCA 1068. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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