GRANTED IN PART: November 3, 2011
CBCA 2054
LOCKHEED MARTIN ASPEN MED SERVICES, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
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.
Joshua C. Drewitz of Seyfarth Shaw LLP, Washington, DC; and Robert F. Pezzimenti, Associate General Counsel of Lockheed Martin IS&GS Civil, Rockville, MD, counsel for Appellant.
Jonathan A. Baker and Robyn A. Littman, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges BORWICK, HYATT, and DRUMMOND.
BORWICK, Board Judge.
This matter involves a claim for additional costs incurred by appellant as a result of incorporation of the Service Contract Act into task order HHSP233200900001, awarded under blanket purchase agreement HHSP233200530018B. Pursuant to Board Rule 25(b), the parties have submitted a joint settlement stipulation and a request for a stipulated award in which respondent agrees to pay appellant the sum of one million dollars ($1,000,000) inclusive of interest and attorney fees in exchange for a release of claims. The parties stipulate that they will not seek reconsideration or relief from the decision and that they will not appeal the decision. The Board’s decision is an adjudication of the case on the merits. ______________________________
_______________________________ _______________________________
2 CBCA 2054
Decision
Pursuant to the stipulation and the request of the parties, the Board adopts the stipulation by decision. The Board GRANTS the appeal IN PART and awards appellant $1,000,000, inclusive of interest and attorney fees, to be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304; 41 U.S.C. § 7108 (as codified by Pub. L. No. 111-350, 124 Stat. 3677, 3816 (2011)).
ANTHONY S. BORWICK
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Lockheed Martin Aspen Med Services, Inc., CBCA 2054. 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.