CBCA 2054

Lockheed Martin Aspen Med Services, Inc.

Nov 3, 2011Judge BorwickDEPARTMENT OF HEALTH AND HUMAN SERVICES
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Lockheed Martin Aspen Med Services, Inc.
Respondent agency
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Judge
Borwick
Case number
CBCA 2054
Decided
Nov 3, 2011The decision states Nov 3, 2011 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
Seyfarth Shaw LLP
Outcome
Granted in partEntered by agreement of the parties.
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.
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

The topic rules ran over this decision's own words and none of them matched.

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
Joshua C. Drewitz
Seyfarth Shaw LLP
Washington, DC
For the appellant
Robert F. Pezzimenti
Lockheed Martin IS&GS Civil
Rockville, MD
For the respondent
Jonathan A. Baker and Robyn A. Littman
Office of the General Counsel, Department of Health and Human Services
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 decision2 pages, 1,854 characters, read from the Board's own documentDecided Nov 3, 2011 on its own faceRespondent DEPARTMENT OF HEALTH AND HUMAN SERVICES Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Contract Disputes Act1
Other statutes1
Public laws1

Read from the decision's own words with no model involved. Statutes, regulations, the acts these forums argue by name, and cases at the board, this office or the Comptroller General are recognized; any other citation form is left out rather than guessed at, so this is a floor on what the decision cites.

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.

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