GRANTED: October 7, 2010
CBCA 1879
DLT SOLUTIONS, LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Scott W. Woehr and Ron R. Hutchinson of Doyle & Bachman, LLP, Arlington, VA,
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.
Heather M. Self, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and GOODMAN.
DANIELS, Board Judge.
The Forest Service (FS), an agency of the Department of Agriculture, placed a delivery order with DLT Solutions, LLC (DLT), under DLT’s General Services Administration schedule contract for lease-to-own of Oracle software licenses. FS chose not to exercise its option to continue the order. DLT then submitted a claim to the FS contracting officer, alleging breach of the contract’s “best efforts” clause and demanding payment of $1,053,000 plus interest. DLT later filed this appeal of the contracting officer’s deemed denial of the claim.
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2 CBCA 1879
The parties have now asked the Board, pursuant to our Rule 25(b) (48 CFR 6101.25(b) (2009)), to grant the appeal, adopting the parties’ stipulation that FS shall pay to DLT $1,053,000 plus interest calculated at rates prescribed for amounts due contractors on claims under the Contract Disputes Act of 1978, 41 U.S.C. § 611 (2006). The stipulation provides that interest shall run from the date the claim was submitted to the contracting officer, December 3, 2009, until payment of the principal amount is made. The parties state that they will not seek reconsideration of, or relief from, a Board decision which makes such an award, and they will not appeal such a decision.
Decision
Accordingly, the appeal is GRANTED. The Forest Service shall pay to DLT Solutions, LLC, the sum of $1,053,000 plus interest at rates prescribed for amounts due contractors on claims under the Contract Disputes Act of 1978. Interest shall run from December 3, 2009, until payment of the principal amount is made. Payment shall be made from the permanent indefinite judgment fund. 31 U.S.C. § 1304.
STEPHEN M. DANIELS
Board Judge
We concur:
JOSEPH A. VERGILIO
Board Judge
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in DLT Solutions, LLC, CBCA 1879. 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.