DISMISSED WITH PREJUDICE: July 24, 2008
CBCA 1169
KVA ELECTRIC, INC.,
Appellant,
v.
DEPARTMENT OF STATE,
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.
Kevin T. Duncan, General Manager and President of KVA Electric, Inc., Arlington, WA, appearing for Appellant.
Dennis J. Gallagher and Luisa M. Alvarez, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent.
SHERIDAN, Board Judge.
Order
This appeal arose out of task order 0006 issued under contract SALMEC05D0011 to provide labor and materials to upgrade the electrical service equipment and install a new automatic voltage regulator at the staff housing in Port Moresby, Papua, New Guinea. The dispute centered on appellant’s request for an equitable adjustment due to alleged delays associated with the work.
On July 15, 2008, a telephone conference was held between the undersigned, Mr. Kevin Duncan, representing appellant, and Ms. Luisa Alvarez, representing respondent. The
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parties advised the undersigned that the matter has been settled, and provided the Board with a copy of contract modification M001, setting forth the terms of the settlement, which was jointly executed by the parties on June 6, 2008.
Respondent represented that contract modification M001 had been submitted for electronic payment and that payment should be received by appellant by July 18, 2008. The parties asked that this appeal be dismissed with prejudice upon payment of the contract modification. Appellant was instructed to notify the undersigned by no later than July 23, 2008, if it had not received payment, and that absent such notification the appeal would be dismissed with prejudice. Appellant has not notified the Board as to its receipt of payment. Accordingly, this appeal is DISMISSED WITH PREJUDICE.
PATRICIA J. SHERIDAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in KVA Electric, Inc., CBCA 1169. 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.