CBCA 1404

Aylward Enterprises, Incorporated

Feb 18, 2009Judge VergilioDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingDismissed on other grounds

Key Facts

Appellant
Aylward Enterprises, Incorporated
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Vergilio
Case number
CBCA 1404
Decided
Feb 18, 2009The decision states Feb 18, 2009 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed on other grounds
The parties agreed to a dismissal with prejudice. ____________________________ 2 The Board DISMISSES WITH PREJUDICE the appeal.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

The topic rules ran over this decision's own words and none of them matched.

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Henry W. Aylward
Aylward Enterprises, Incorporated
Aiea, HI
For the respondent
Stacey North Willis
Office of the General Counsel, Department of Veterans Affairs
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 1,542 characters, read from the Board's own documentDecided Feb 18, 2009 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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.

____________________________

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.

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