GRANTED IN PART: April 7, 2011
CBCA 1960
JOHNSON CONTROLS GOVERNMENT SYSTEMS, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
David R. Johnson and Jamie F. Tabb of Vinson & Elkins LLP, Washington, DC,
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.
Joylyn Winter, Phillipa L. Anderson, and Cameron Gore, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges GILMORE, POLLACK, and KULLBERG.
KULLBERG, Board Judge.
On March 30, 2010, the Board docketed the appeal of Johnson Controls Government Systems, LLC (JCGS). On March 29, 2011, the parties submitted to the Board executed copies of a joint motion for judgment on stipulated settlement, a stipulation of settlement, and a certificate of finality, which settled this appeal and other claims related to the contract that had not yet been appealed. In an addendum to their settlement agreement, which the Board received on April 4, 2011, the parties requested that the Board enter judgment in the amount of $7,217,432 with payment to be made through the judgment fund in accordance with
2 CBCA 1960
31 U.S.C. § 1304 (2006) and 41 U.S.C. § 7108. The parties have agreed that they will not seek reconsideration of, or relief from, the Board’s decision, and each party will be responsible for its costs, attorney fees, and expenses incurred in the litigation of this appeal.
Decision
The Board GRANTS IN PART the appeal. The Government shall pay appellant the sum of $7,217,432. Payment shall be made from the judgement fund. 31 U.S.C. § 1304; 41 U.S.C. § 7108.
______________________
H. CHUCK KULLBERG
Board Judge
We concur:
BERYL S. GILMORE
Board Judge
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Johnson Controls Government Systems, LLC, CBCA 1960. 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.