GRANTED IN PART: February 2, 2009
CBCA 1326
P.J. DICK, INCORPORATED,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Robert K. Cox of Watt, Tieder, Hoffar & Fitzgerald, L.L.P., McLean, VA, counsel for Appellant.
Timothy C. Tozer, Office of Regional Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, BORWICK, and GOODMAN.
GOODMAN, Board Judge.
Appellant, P.J. Dick, Incorporated, was awarded a firm, fixed price contract by the General Services Administration (GSA or respondent) to construct a facility for the National Oceanic & Atmospheric Administration’s National Environmental Satellite Data and Information Services in Suitland, Maryland. On June 10, 2008, appellant filed a claim alleging that it incurred additional costs in the amount of $149,570. Respondent’s contracting officer did not issue a decision with regard to the claim, and appellant filed an ___________________________________
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appeal of a portion of that claim in the amount of $69,000 as deemed denied on September 2, 2008.
On January 28, 2009, the parties filed a joint request for entry of judgment and dismissal of the appeal, which stated:
The parties jointly stipulate that Judgment should be entered in favor of Appellant . . . in the amount of $65,864.00, inclusive of interest allowable under the Contract Disputes Act, 41 U.S.C. §§ 601, et seq.
Pursuant to Rule 31 of the Board’s . . . Rules of Procedure, the parties further certify that they shall not seek review or reconsideration of judgment so rendered. With respect to the decision of the Board issued pursuant to this stipulation, the parties waive their rights to reconsideration under Rule 26, rights to relief from judgment under Rule 27, and rights to appeal the decision.
Decision
Accordingly, the appeal is GRANTED IN PART. In accordance with the parties’ joint stipulation, the Board awards the sum of $65,864 inclusive of interest in accordance with the Contract Disputes Act, to be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2000).
ALLAN H. GOODMAN
Board Judge
We concur:
JERI K. SOMERS
Board Judge
ANTHONY S. BORWICK
Board Judge
Appellant stated in its notice of appeal that the remainder of the claim was submitted by appellant to respondent on behalf of a subcontractor and was the subject of another appeal docketed at this Board.
This is a verbatim capture of the text layer of the Board's own document in P.J. Dick, Incorporated, CBCA 1326. 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.