GRANTED IN PART: April 10, 2008
CBCA 18, 1146
L.C. HARRICO, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
William T. Street of Klimaszewski & Street, Saginaw, MI, counsel for Appellant.
Merilee Rosenberg, Philip Kauffman, and Phillipa L. Anderson, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges STERN, SHERIDAN, and WALTERS.
WALTERS, Board Judge.
Order
Appellant, L.C. Harrico, Inc. (Harrico), and respondent, the Department of Veterans Affairs (VA), were parties to a franchise contract through the Veterans Canteen Service (contract) for the furnishing of cafeteria food services at the VA Medical Center, Saginaw, Michigan.
The contract was terminated under a special no-fault termination provision contained in the contract, by letters to Harrico from the VA contracting officer dated March 15 and June 1, 2006. The termination was initially the subject of an appeal to one of this Board’s predecessors, the VA Board of Contract Appeals (VABCA), and the appeal was docketed __________________________
_________________________ ___________________________ 2 CBCA 18, 1146
as VABCA 7590. Upon consolidation of the VABCA into the Civilian Board of Contract Appeals (CBCA), on January 6, 2007, the appeal under VABCA 7590 was re-docketed by this Board as CBCA 18. Subsequently, Harrico submitted to the VA contracting officer a certified claim in the amount of $154,000, as breach damages for alleged bad faith termination. That claim was denied by the contracting officer and the denial was appealed to this Board and docketed as CBCA 1146. Pursuant to the parties’ joint request, the two Harrico appeals have been consolidated, by order dated April 9, 2008.
On March 11, 2008, the parties filed with the Board a stipulation of settlement and a joint motion for judgment on the stipulated settlement agreement. The stipulation of settlement calls for the entry of judgment in favor of the appellant in the amount of $24,000, and for the payment of said amount to Harrico from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2000). The stipulation provides that “Contract Disputes Act interest” on the judgment amount will begin to accrue on April 1, 2008, and will continue to accrue until payment is issued. The stipulation also states: “It is expressly understood that neither party will seek reconsideration of, or relief from, the Board’s decision under Rules 26 and 27, respectively, and neither party will appeal the Board’s decision.”
Based on the parties’ joint request, the stipulation and joint motion, originally submitted in CBCA 18, are being considered and applied by the Board to both of the consolidated appeals.
Decision
These appeals are GRANTED IN PART. In accordance with the parties’ stipulation of settlement, the Board awards appellant the sum of $24,000, plus interest on said amount under the Contract Disputes Act of 1978, 41 U.S.C. § 611 (2000), beginning on April 1, 2008, until payment is issued. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
RICHARD C. WALTERS
Board Judge
We concur:
PATRICIA J. SHERIDAN
Board Judge
JAMES L. STERN
Board Judge
3 CBCA 18, 1146
This is a verbatim capture of the text layer of the Board's own document in L.C. Harrico, Inc., CBCA 18, 1146. 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.