GRANTED IN PART: October 21, 2010
CBCA 1513, 1621
G-W MANAGEMENT SERVICES, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Richard Y. Rho of Braude & Margulies, P.C., Washington, DC, 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.
Christian A. Guzzano, Office of Regional Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges GILMORE, GOODMAN, and KULLBERG.
GILMORE, Board Judge.
Background
On February 20, 2009, G-W Management Services, LLC (GWMS) appealed the final decision of a General Services Administration (GSA) contracting officer terminating a portion of GWMS’s contract for default. GWMS sought to have the partial default termination converted to a partial termination for convenience. This appeal was docketed as CBCA 1513.
2 CBCA 1513, 1621
On June 24, 2009, GWMS appealed the final decision of a GSA contracting officer (1) denying GWMS’s claims for unpaid contract costs and (2) asserting a claim against GWMS for a credit for work allegedly deleted from the contract. This appeal was docketed as CBCA 1621. CBCA 1513 and CBCA 1621, involving the same contract, were consolidated for ease of administration.
On October 7, 2010, the parties filed a joint motion for entry of judgment and dismissal, asking the Board to adopt the parties’ stipulation and enter judgment as follows: (1) As to CBCA 1513, judgment should be entered converting the contracting officer’s partial termination for default into a no-cost termination for the convenience of the Government. The judgment should also state that GWMS shall not be entitled to claim any charges against the Government arising from the terminated portion of the contract or by reason of its termination, including, without limitation, all obligations of the Government to make further payments, except as provided in paragraph 2, infra.
(2) As to CBCA 1621, judgment should be entered in favor of GWMS, in the amount of $200,000, inclusive of interest allowable under the Contract Disputes Act of 1978 (CDA) 41 U.S.C. §§ 601, et. seq. The Board judgment should also state that the judgment should be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304.
The parties also stipulated that they will not seek reconsideration of, or relief from, a Board decision which makes such award, and they will not appeal such a decision.
Decision
Pursuant to the parties’ stipulation and motion for entry of judgment and dismissal, the Board hereby GRANTS the appeals IN PART.
In CBCA 1513, the partial termination of GWMS’s contract for default is converted to a no-cost partial termination for the convenience of the Government. GWMS will not claim any costs or other relief from the Government arising from the terminated portion of the contract, except for the parties’ stipulated amount to be awarded to GWMS in CBCA 1621.
In CBCA 1621, GWMS is awarded $200,000, inclusive of interest allowable under the CDA. Payment shall be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304.
3 CBCA 1513, 1621
____________________________
BERYL S. GILMORE
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in G-W Management Services, LLC, CBCA 1513, 1621. 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.