CBCA 18, 1146

L.C. Harrico, Inc.

Apr 10, 2008Judge WaltersDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingGranted in partby agreement

Key Facts

Appellant
L.C. Harrico, Inc.
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Walters
Case number
CBCA 18, 1146This cell names 2 dockets: 18, 1146.
Decided
Apr 10, 2008The decision states Apr 10, 2008 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
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Granted in partEntered by agreement of the parties.
These appeals are GRANTED 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

Jurisdiction and timeliness

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.

Appearances

For the appellant
William T. Street
Saginaw, MI
For the respondent
Merilee Rosenberg and Philip Kauffman and Phillipa L. Anderson
Office of the General Counsel, Department of Veterans Affairs
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, 3,220 characters, read from the Board's own documentDecided Apr 10, 2008 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1

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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.

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