DISMISSED WITH PREJUDICE: December 17, 2008
CBCA 1100
CH2M HILL INTERNATIONAL SERVICES, INC.,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
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.
Michael J. Vernick and Judy C. Faubert of Hogan & Hartson, LLP, Washington, DC, counsel for Appellant.
John B. Alumbaugh and Elizabeth A. Ransom, Office of the General Counsel, Agency for International Development, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On March 5, 2008, CH2M HILL International Services, Inc. (contractor) filed a notice of appeal disputing a contracting officer decision of December 11, 2007, regarding its contract, 294-C-00-00063-00, with the respondent, the Agency for International Development (Government). The contractor here seeks payment of amounts disallowed by the contracting officer who determined that the contractor was not entitled to payment for the long-term rental of non-American made vehicles because such payment would be inconsistent with statute, regulation, and the contract, in the absence of a written waiver.
During the discovery phase of proceedings, the parties utilized Board Judge Walters as a neutral mediator in non-binding alternative dispute resolution (ADR) mediation. The parties entered into a settlement agreement in November. On December 16, the Board received a request for a dismissal with prejudice.
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2 CBCA 1100
The appeal is DISMISSED WITH PREJUDICE.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in CH2M Hill International Services, Inc., CBCA 1100. 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.