DISMISSED WITH PREJUDICE: November 19, 2008
CBCA 1327, 1328, 1329, 1330
PT WIJAYA KARYA,
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.
Budi Harto, Operations Director of PT Wijaya Karya, Jakarta, West Java, Indonesia, appearing for Appellant.
Warren Leishman, Office of the General Counsel, Agency for International Development (USAID), Washington, DC; and Tanya J. Nunn, USAID/Indonesia, FPO, Area Pacific, counsel for Respondent.
Order
VERGILIO, Board Judge.
Under a cover letter dated August 27, 2008, PT Wijaya Karya filed notices of appeal regarding four claims denied by a contracting officer. The disputes arose under its contract, 497-C-00-05-00044-00, with the Agency for International Development for road rehabilitation and reconstruction in Indonesia. As specified in the notices of appeal, the contractor seeks relief totaling $11,999,011. With formal proceedings stayed, the parties utilized Board Judge Borwick as a neutral mediator in non-binding alternative dispute resolution (ADR) mediation. The parties entered into a settlement agreement in November. On November 17, 2008, the Board received a request for a dismissal with prejudice of each case. The appeals are DISMISSED WITH PREJUDICE.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in PT Wijaya Karya, CBCA 1327, 1328, 1329, 1330. 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.