CBCA 1513, 1621

G-W Management Services, LLC

Oct 21, 2010Judge GilmoreGENERAL SERVICES ADMINISTRATION
Not published in the listingGranted in partby agreement

Key Facts

Appellant
G-W Management Services, LLC
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Gilmore
Case number
CBCA 1513, 1621This cell names 2 dockets: 1513, 1621.
Decided
Oct 21, 2010The decision states Oct 21, 2010 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
Braude & Margulies, P.C.
Outcome
Granted in partEntered by agreement of the parties.
Pursuant to the parties' stipulation and motion for entry of judgment and dismissal, the Board hereby GRANTS the appeals IN PART.
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

Termination for convenienceTermination for default

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. They are ordered strongest first.

Appearances

For the appellant
Richard Y. Rho
Braude & Margulies, P.C.
Washington, DC
For the respondent
Christian A. Guzzano
Office of Regional Counsel, General Services Administration
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 decision3 pages, 3,192 characters, read from the Board's own documentDecided Oct 21, 2010 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Other statutes1

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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.

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