GRANTED IN PART: May 20, 2008
CBCA 2
ROESLER INDUSTRIAL DISTRIBUTING COMPANY,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
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.
Ruth G. Tiger of Saltman & Stevens, P.C., Washington, DC, counsel for Appellant Michael E. Trow, Office of the General Counsel, Department of Agriculture, Portland, OR, counsel for Respondent.
Before Board Judges POLLACK, STEEL, and DRUMMOND.
POLLACK, Board Judge.
This appeal arises out of timber sale contract no. 075902 between Roesler Industrial Distributing Company (Roesler) and the United States Department of Agriculture, Forest Service (FS). Roesler filed its appeal on March 27, 1997, at the Department of Agriculture Board of Contract Appeals, claiming $1,037,167. The matter was docketed as AGBCA No. 97-139-1. Thereafter, the appeal was placed in suspense and ultimately reinstated on the board’s docket in January 2003 as AGBCA No. 2003-141-1. The matter was then transferred to the Civilian Board of Contract Appeals and docketed as CBCA 2, upon consolidation of the civilian agency boards of contract appeals.
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2 CBCA 2
The parties thereafter engaged in discovery, as well as awaited decision on a case at the Court of Federal Claims (on further appeal to the Court of Appeals for the Federal Circuit), involving another contractor, but similar issues. The parties anticipated that the decision in that case could serve to resolve a number of issues in the instant appeal. On June 1, 2007, the Board issued a ruling, denying cross-motions for summary judgment filed by the parties, and on November 29, 2007, the Board issued a proof of costs order. Thereafter, appellant filed its proof of cost submission, and the next step was for the FS to file its reply.
By letter of May 13, 2008, the parties notified the Board that they had reached a settlement. With the letter, the parties filed an executed Joint Stipulation and Request for Decision Granting the Appeal. The Joint Stipulation was also dated May 13, 2008. Under it, the parties agreed that they had settled any and all claims by either party arising out of or relating to contract no. 075902 and the instant appeal. Further, the parties agreed to abide by the Board decision requiring the FS to pay appellant, $235,000, plus interest, with interest being calculated pursuant to the Contract Disputes Act and running from January 1, 2003, until paid. Each party agreed to bear its own costs and attorney fees. The parties additionally stipulated that the decision of the Board would be final and binding upon the parties and not subject to further appeal.
Decision
Accordingly, the appeal is GRANTED IN PART. In accordance with the parties’ joint stipulation, the Board awards the sum of $235,000, plus interest on said amount under the Contract Disputes Act, 41 U.S.C. § 611(2000), beginning January 1, 2003. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
HOWARD A. POLLACK
Board Judge
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3 CBCA 2
We concur:
CANDIDA S. STEEL
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Roesler Industrial Distributing Company, CBCA 2. 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.