DISMISSED WITH PREJUDICE: February 18, 2009
CBCA 1404
AYLWARD ENTERPRISES, INCORPORATED,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Henry W. Aylward, President of Aylward Enterprises, Incorporated, Aiea, HI, appearing for Appellant.
Stacey North Willis, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On November 13, 2008, the Board received from Aylward Enterprises, Incorporated a notice of appeal regarding contract V786C-520, project 899CM3021, involving the Columbarium Phase 2 work at the National Memorial Cemetery of the Pacific, Honolulu, Hawaii. The notice states that in March 2008 the company requested a decision from the contracting officer. Further, it specifies that the contracting officer has not communicated regarding the request. The appeal is based upon the deemed denial by the contracting officer. During an initial telephone conference with the presiding judge and the parties, the company, through its president, acknowledged that although it is a subcontractor, it is not the contractor under the referenced contract. After further research into a basis for asserting jurisdiction over this matter, the president informed the Board and opposing counsel during a telephone conference on February 18, 2009, that the company will not be pursing this matter. The parties agreed to a dismissal with prejudice.
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2 CBCA 1404
Decision
The Board DISMISSES WITH PREJUDICE the appeal.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Aylward Enterprises, Incorporated, CBCA 1404. 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.