DISMISSED WITH PREJUDICE: August 25, 2009
CBCA 1540
XEROX CAPITAL SERVICES, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Richard D. Lieberman and Gabriel D. Soll of McCarthy, Sweeney & Harkaway, PC,
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.
Ronald D. Sullivan, Office of the General Counsel, Department of Veterans Affairs, Austin, TX, counsel for Respondent.
VERGILIO, Board Judge.
Order
On March 24, 2009, the Board received from Xerox Capital Services, LLC (contractor) a notice of appeal, docketed as CBCA 1540, alleging a deemed denial of its claim relating to an unpaid invoice arising under purchase order/delivery order 642-C60059 issued by the respondent, the Department of Veterans Affairs, pursuant to the contractor’s contract, GS-25F-0062L, with the General Services Administration. Having received neither payment nor a decision by the contracting officer on its claim, the contractor pursues relief at this Board under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613, as amended. To assist in determining if there existed a dispute, the presiding judge directed that the appropriate contracting officer issue a decision on the underlying claim. By decision dated April 30, 2009, the contracting officer determined that the contractor is entitled to the unpaid amount of its invoice, and noted that the matter has been forwarded to the appropriate fiscal ______________________________
2 CBCA 1540
officer for immediate payment. On August 20, 2009, the Board received a request for a dismissal with prejudice; the contractor has received payment.
The Board DISMISSES WITH PREJUDICE this appeal.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Xerox Capital Services, LLC, CBCA 1540. 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.