GRANTED IN PART: January 4, 2011
CBCA 1779
NORTH WIND, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
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.
Margaret B. Hinman of North Wind, Inc., Idaho Falls, ID, counsel for Appellant.
Heather R. Hinton-Taylor, Office of the General Counsel, Department of Agriculture, Ogden, UT, counsel for Respondent.
Before Board Judges DANIELS (Chairman), BORWICK, and GOODMAN.
DANIELS, Board Judge.
The Department of Agriculture’s Forest Service contracted with North Wind, Inc. for reconstruction of the Little Mill Campground and North Mill Day Use Area in the Uinta National Forest, Utah. In performing this contract, North Wind used more fill material from outside the site (called “select borrow”) than specified in the contract or, the contractor says, than it could reasonably have expected to use. North Wind claimed reimbursement in the amount of $95,910 for the cost of the additional material and associated overhead. A Forest Service contracting officer denied the claim, and the contractor appealed.
After the Board denied cross-motions for summary relief, North Wind, Inc. v. Department of Agriculture, CBCA 1779, 10-1 BCA ¶ 34,419, the parties requested that the _________________________
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2 CBCA 1779
presiding judge assist them in resolving the dispute by providing mediation services. Representatives of the parties and the judge walked through the campground, discussed the strengths and weaknesses of each side’s position, and, seated at campground picnic tables, came to agreement as to resolution.
The Forest Service has agreed to pay to North Wind the sum of $12,372, and the parties have filed a joint stipulation that the Board issue a decision requiring the agency to pay an additional $25,628 to North Wind from the permanent indefinite judgment fund. The parties have stated that they will not seek reconsideration of, or relief from, a Board decision which directs this payment, and that they will not appeal such a decision. Rule 25(b) (48 CFR 6101.25(b) (2009)).
Decision
The appeal is GRANTED IN PART. The Forest Service shall pay to North Wind, Inc. the sum of $25,628. This money shall be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2006).
STEPHEN M. DANIELS
Board Judge
We concur:
ANTHONY S. BORWICK
Board Judge
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in North Wind, Inc., CBCA 1779. 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.