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.
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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.