DISMISSED: January 29, 2010
CBCA 1784
HARMONY INDUSTRIES,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Leonard G. Birnbaum of Birnbaum & Umeda, LLP, Summit, NJ, 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.
Talbot J. Nicholas II, Office of Procurement Law, United States Coast Guard, Department of Homeland Security, Washington, DC, counsel for Respondent.
GILMORE, Board Judge.
Order
On November 2, 2009, appellant filed an appeal from a final decision of respondent’s contracting officer denying appellant’s claim for an equitable adjustment in the amount of $254,944. On January 11, 2010, appellant moved for dismissal of its appeal because it had not certified the claim as required by the Contract Disputes Act of 1978, 41 U.S.C. §§ 601 613 (2006) (CDA). Respondent advised that it does not object to the motion.
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2 CBCA 1784
Accordingly, the appeal is DISMISSED.
BERYL S. GILMORE
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Harmony Industries, CBCA 1784. 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.