GRANTED IN PART: February 24, 2009
CBCA 1201
CATEL, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
James S. DelSordo of Argus Legal, L.L.C., Manassas, VA, counsel for Appellant.
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.
Peter Kraemer, Charlma Quarles, and Phillipa L. Anderson, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges GILMORE, POLLACK, and DRUMMOND.
GILMORE, Board Judge.
On August 1, 2004, an indefinite delivery/indefinite quantity contract was awarded to Catel, Inc. (Catel) by the Department of Veterans Affairs (VA). By letters dated November 21, 2007, and March 24, 2008, Catel submitted a claim in the amount of $76,940.90 to the contracting officer (CO) and requested a final decision. On May 27, 2008, Catel filed a notice of appeal with the Board under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (2006), stating that its claim should be “deemed denied” because it had not timely received a final decision from the CO.
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2 CBCA 1201
Catel and VA have now filed a joint motion for a stipulated judgment. The parties request that judgment in the amount of $24,273.29, inclusive of all interest, be entered in favor of appellant, Catel. The parties stipulated that they shall not seek review or reconsideration of the judgment. With respect to the decision, the parties waive their rights to reconsideration, to relief from judgment, and to appeal the decision.
Decision
The appeal is GRANTED IN PART. The Board awards the sum of $24,273.29 inclusive of all interest, to Catel, Inc. Payment shall be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2006).
BERYL S. GILMORE
Board Judge
We concur:
HOWARD A. POLLACK
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Catel, Inc., CBCA 1201. 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.